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(영문) 서울북부지방법원 2016.05.17 2015나31733
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a person operating a synthetic resin manufacture and sales business, etc. with the trade name called “D” in Pakistan-si, and the Defendant is a company running the fiber processing and sales business, etc. of fibers-si E.

B. From December 2013, F, who had worked in the part-time form in the Defendant Company, ordered the Plaintiff, by telephone around December 2013, 2013, the film of this case was supplied on December 10, 2013 to H who operated G immediately after having been supplied with the film of this case as the Defendant Company’s seat.

C. In order to inform the address of the Defendant Company at the time of the above order, I sent the Defendant Company’s business registration certificate to the Plaintiff upon the F’s request that the Defendant Company send the Defendant Company’s business registration certificate.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 3, witness H, J, I's testimony, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion not only received orders from F, who is an employee of the defendant, but also delivered the film of this case to the defendant after receiving a promise from I, who is an employee of the defendant, to pay the goods upon arrival of the goods with the defendant's business registration certificate. Thus, the defendant is obligated to pay to the plaintiff the film of this case 2,177,280 won and damages for delay.

As to this, the defendant asserts that the person who received the order of the film of this case is not F individual, but F or I, the defendant's employee, does not order the film of this case on behalf of the defendant.

B. In light of the testimony of the witness H, J and I of the trial party, each statement of Gap evidence Nos. 1 through 4 is insufficient to recognize that F or I ordered the film of this case on behalf of the defendant, and there is no other evidence to acknowledge otherwise, and the witness H, J, and I of the trial party as above.

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