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(영문) 창원지방법원 2015.06.05 2014가단13870
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff supplied steel products to the defendant who operates the manufacturing business under the trade name of "B" until April 30, 2014, and the defendant did not pay an amount equivalent to KRW 42,94,702.

The defendant did not receive goods from the plaintiff, and the plaintiff did not claim that he traded with the non-party C who actually operated the plaintiff.

Therefore, even in full view of each of the statements in Gap evidence Nos. 1 through 4 (including paper numbers), it is insufficient to acknowledge that the plaintiff supplied steel products to the defendant, and there is no other evidence to acknowledge it.

[A] No. 2-1 through 8 (Detailed Statement of Transactions) does not state any description or signature that confirms that the Defendant received the goods does not exist; according to the evidence No. 4 and No. 1 and No. 2, according to the evidence No. 4 and No. 2, it is suspected that the Defendant lent the name of the business operator B to C; it is insufficient to recognize that the Plaintiff supplied the goods to the Defendant only with each of the above evidence] In the end, the Plaintiff’s claim of this case is dismissed for lack of justifiable grounds, and is so decided as per Disposition.

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