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(영문) 창원지방법원 2019.12.05 2018나5359
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

B. From around December 2, 201, the termination of a lease agreement with F on March 10, 2017, which did not pay rent, etc., the F took over the goods that the F did not dispose of in the course of operating “G” (refrigerants and work machinery in the air conditioners).

The Plaintiff received an order from the Defendant on March 15, 2017 and stored in the freezing warehouse used in “G”, and supplied the Defendant with processed fishery products worth KRW 25,026,80,00 in total, from March 30, 2017 to April 1, 2017. As such, the Defendant supplied the processed fishery products worth KRW 25,026,80,000 for the supply price of KRW 25,026,80 on the first 60, 30, 206, 30, 307, 40, 407, 206, 30, 307, 407, 206, 307, 205, 206, 30, 307, 208, 307, 208, 308, 204, 307, 2017.

B. On March 30, 2017, the Defendant did not have any obligation to pay the Plaintiff the total amount of the 3km 3kg 3kg 300,000 5,400,000 on March 30, 2017, the delivery date of the Defendant’s argument No. 42,936,00 1,936,003 on March 31, 2017, the Defendant did not have any obligation to pay the Plaintiff the 40k 20k g 240,000 g 3888,00 g 1,936,00 g 1,000 g g 1,000 g g 1,000 g g 1,05 g g 2017, 205 g g g 2,016 g g g 2,017.

Even if the plaintiff is deemed to have supplied the above processed fishery products, the plaintiff takes over G from F and belongs to the trade name, Article 42 of the Commercial Act.

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