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(영문) 춘천지방법원 2018.10.31 2017나1848
물품대금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s assertion asserts that the Defendant, in operating the restaurant in the name of “C” (hereinafter “C”), received food materials from the Plaintiff from September 2, 2016 to September 29 of the same month, and did not pay KRW 1,225,700 for the goods. Therefore, the Defendant is obligated to pay the said goods to the Plaintiff.

2. It is not sufficient to acknowledge the fact that the Defendant was supplied with food materials from the Plaintiff while operating the restaurant of this case only with the judgment fee, Gap evidence No. 1, and there is no other evidence.

Rather, according to the statement in Eul evidence No. 1, it is recognized that the restaurant at the time was registered under the name of the defendant, not the defendant, but the D.

3. Conclusion, the Plaintiff’s claim of this case must be dismissed for lack of reasonable grounds.

The judgment of the court of first instance, which differs from this conclusion, is unfair, and the plaintiff's claim is dismissed.

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