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(영문) 서울중앙지방법원 2016.11.23 2015가단116818
인쇄대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff is operating a printing office with the trade name “C”.

The defendant is running a restaurant in the name of "D" at the time of the Government City.

On July 2012, the Plaintiff was requested to produce a newsletter in the region of his/her own city, and was divided into July 7, 2012 and July 21, 2012, and supplied 100,000 copies of the newsletter in total.

[Basic Facts] Facts without dispute, Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted by the parties, around July 2012, through the defendant, who was a working-level employee of the defendant, that "the plaintiff was the representative of the defendant to establish F and reported to E as the defendant's business partner E.," and there is no evidence to regard "F" as a stock company. If "F" is actually a stock company and the plaintiff was requested to produce the above massage newsletter from F and the plaintiff was requested to produce the above massage newsletter, the plaintiff and the defendant are separate rights and obligations and the defendant lose the grounds for the lawsuit of this case against the defendant who is not F and the defendant, and therefore, the plaintiff's assertion is accepted as the plaintiff's main text.

The defendant asserts that he/she was entrusted with the production of the above massage book, the defendant was found to be the restaurant and confirmed it, and that he/she produced and supplied the above massage book, and that he/she was paid 2,6210,000 won of the printing price to the defendant.

In regard to this, the defendant did not see the confirmation of the plaintiff to the defendant, and did not produce and deliver the newsletter to E, and the defendant claimed to the effect that the plaintiff did not request the production of the above massage book to the plaintiff.

B. According to the reasoning of the judgment, Gap evidence Nos. 4, 5, and 8, the business proposal received by the plaintiff around the time when the plaintiff was requested to produce and deliver the above massage book was prepared in the name of "F representative B of the corporation", namely, the fact that the plaintiff was made in the name of "F representative B of the corporation", and the letter of personnel management in the name of the defendant on the cover of the mark of the above massage book produced

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