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(영문) 수원지방법원성남지원 2017.06.28 2016가단15371
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion was that the Defendant, who carried on business with D, supplied metal products worth KRW 33,803,000 from August 29, 2013 to May 13, 2014. The Plaintiff was paid KRW 10,000 out of the price of the goods.

Therefore, the defendant is obligated to pay to the plaintiff 23,803,000 won for the unpaid goods and damages for delay.

2. The entries of Gap evidence Nos. 2-1 through 29 and Gap evidence Nos. 5 through 7 are insufficient to acknowledge the fact that the plaintiff entered into a goods supply contract with the plaintiff and the defendant to supply goods equivalent to the amount claimed by the plaintiff, and there is no other evidence to acknowledge it.

Rather, E registered its business with the trade name of “D”, and the Defendant ordered the Plaintiff’s Intervenor to supply metal products, etc. by e-mail, etc., and the Plaintiff’s Intervenor supplied goods to E does not conflict between the parties.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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