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(영문) 춘천지방법원 2015.04.24 2014나4341
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. The Plaintiff asserted that: (a) from March 11, 2013 to May 25, 2013, the Plaintiff sold steel products, etc. to C in total at KRW 9,431,785 on a multiple occasions; and (b) the Defendant agreed to pay the price for the goods in lieu of C, and thus, the Defendant is liable to pay the price for the goods and the damages for delay to the Plaintiff.

2. The written evidence Nos. 4 and 5 are insufficient to acknowledge that the Defendant agreed to pay the Plaintiff the price for the goods that the Defendant is obligated to pay to the Plaintiff, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's assertion that the defendant agreed to pay the price for the goods to be paid to the plaintiff by C is without merit.

3. In conclusion, the plaintiff's claim should be dismissed for lack of reasonable grounds.

The judgment of the court of first instance is unfair by rejecting the lawsuit of this case, but it is recognized that the lawsuit of this case was examined to the extent that it can render a judgment on the merits in the first instance. Therefore, it is decided to render a judgment on the merits without returning it

However, in this case where only the plaintiff appealed, the judgment of the court of first instance cannot be rendered disadvantageous to the plaintiff, who is the appellant under the principle of prohibition of disadvantageous alteration, and thus, the judgment of dismissal of the plaintiff cannot be made. Therefore, only the plaintiff's appeal shall be dismissed. It is so decided as per

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