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(영문) 수원지방법원 2017.05.26 2016나75135
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following "2. Additional Judgment" as to the allegations added by the defendant in this court, and therefore, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The defendant asserts that the party to the instant contract is not the defendant but B, although he/she made a confession of the fact of entering into the instant contract, and revoked it on the first date for pleading in the court.

According to the evidence No. 1, No. 2-2, and No. 5 of the evidence No. 1, No. 1, 2-2, and 5, the fact that the contract of this case was signed and sealed by B other than the defendant, the fact that part of the price of the goods of this case was paid from the personal account No. 2, and the fact that the electronic tax invoice for part of the goods of this case was issued in the name of B may be acknowledged. However, such circumstance alone is insufficient to recognize that the confession was contrary to the truth

Rather, in full view of the purport of the argument in Gap evidence No. 5, when the plaintiff requested the defendant to pay the balance under the contract of this case on or around June 25, 2015, it can be acknowledged that the defendant sent a content-certified mail that recognizes the contract of this case to the plaintiff on or around July 6, 2015. Accordingly, it is reasonable to view that the defendant is a substantial party to the contract of this case or at least expressed his/her intention to succeed to the claim and the obligation under the contract

I would like to say.

Therefore, the defendant's above assertion is without merit.

3. The decision of the first instance court is legitimate, and the defendant's appeal is dismissed.

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