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(영문) 부산지방법원 2018.10.19 2017나9777
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. On May 22, 2014, the Plaintiff asserts that the Defendant is obligated to pay the price of the instant goods to the Plaintiff, as the Plaintiff sold to the Defendant for the 5,650,000 won of the scam and the scam bags (hereinafter “instant goods”).

As to this, the defendant concluded a remodeling construction contract with C, and paid the total construction cost to C, and asserted that the plaintiff cannot pay the price to the plaintiff because the plaintiff did not directly purchase the goods of this case.

2. We examine the judgment of the court below, Gap evidence No. 1 is insufficient to acknowledge that the plaintiff sold the goods of this case to the defendant as a written estimate, and Eul evidence No. 3 is merely a third party's statement unrelated to the sale of the goods, and it is difficult to believe that the plaintiff's assertion is not proven otherwise.

Therefore, the plaintiff's assertion cannot be accepted.

3. Conclusion, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the court of first instance is unfair in conclusion with different conclusions, so it is so decided as per Disposition by accepting the defendant's appeal.

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