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(영문) 인천지방법원 2018.01.24 2016가단35672
물품대금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The plaintiff's assertion is a person engaged in wholesale and retail business, such as active fish, with the trade name of "C", and the defendant is a person engaged in sales business, such as active fish, with the trade name of "D."

The Plaintiff supplied the Defendant with fishery products until February 29, 2016 upon receiving an order from the Defendant’s Head of the Station E, and was not paid KRW 30,021,000 for goods.

Therefore, the defendant is obligated to pay to the plaintiff 30,021,000 won for the price of goods and damages for delay.

Even if not, according to the employer's liability under Article 756 of the Civil Act, the defendant, who is the employer of E, is obligated to pay the plaintiff damages amounting to 30,021,000 won and damages for delay.

2. On the basis of the judgment, the evidence alone presented to the Plaintiff is insufficient to recognize that the transaction party to whom the fishery product was ordered is the Defendant, and there is no other evidence to acknowledge this. Thus, the Plaintiff’s claim for the price of goods is without merit.

In addition, the submitted evidence alone is insufficient to recognize that the defendant is an employer of E, and that E has committed a tort against the plaintiff, and there is no other evidence to acknowledge it. Therefore, the plaintiff's claim for damages is without merit.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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