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(영문) 부산지방법원 2017.09.08 2016가단69870
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Under the trade name of “B,” the Plaintiff is a merchant who engages in wholesale and retail business such as a different day and sanitary machine, and the Defendant is a corporation that engages in construction business, etc.

(C) On September 2, 2014, from September 11, 2014 to December 3, 2015, the Plaintiff asserted that he supplied goods, such as other days, in an amount of KRW 74,444,590, to the site of “D tourist hotel” located in the Busan-gu Busan-gu C (hereinafter “written site”) where the Defendant had contracted and performed the construction work, and that the Defendant sought payment against the Defendant, the Defendant claimed payment of the said price. On the written site, the Defendant is the site where the construction of the ship company, which is not the Defendant, (hereinafter “foreign company”) was undertaken, and the goods supplied to the written site was concluded between the Plaintiff and the Defendant, and thus, the Plaintiff cannot accept the Plaintiff’s claim.

3. Therefore, according to the reasoning of the judgment, it is insufficient to acknowledge the fact that a goods supply contract was concluded between the plaintiff and the defendant with respect to the goods supplied at the written site as alleged by the plaintiff, and there is no other evidence to acknowledge it. Rather, according to the evidence Nos. 5 and 7, a written field is recognized as the fact that the non-party company, a separate company from the defendant, was performing the construction work on or around May 2014, and thus, the plaintiff's assertion is therefore without merit.

4. Therefore, the plaintiff's claim is dismissed. It is so decided as per Disposition.

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