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(영문) 전주지방법원 2017.01.25 2016나3761
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

purport.

Reasons

1. The reasons for this court’s explanation are as stated in the reasoning of the judgment of the first instance except for the part to be determined additionally as follows. Thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure Act.

The Plaintiff asserts to the effect that the Defendant is also obligated to pay the amount stated in the claim of this case to the Plaintiff, since the Plaintiff jointly operated the “E” with the joint Defendant B of the first instance trial, and the Plaintiff also became a party to the actual transaction and traded the Defendant.

The plaintiff's assertion is insufficient to accept the plaintiff's assertion only with the result of the request for delivery of documents to the Jeonju District Court of the judgment of the court of first instance on August 17, 2016, and according to the overall purport of the arguments in Gap evidence Nos. 4 and Eul evidence Nos. 7, the defendant's wife G was a "E store"'s business operator, the plaintiff filed a lawsuit against G for the claim for the price of goods under Jeonju District Court 2015No35142, Jun. 8, 2013 to April 21, 2015. However, the plaintiff filed a claim for the payment of KRW 38,32,00 for the ginseng supply price from June 8, 2013 to April 21, 2015, the judgment of the court below dismissed the plaintiff's claim that "the other party to the transaction of supplying ginseng is not the ginseng products, but the other party to the transaction of supplying ginseng" on August 17, 2016.

If so, this part of the Plaintiff’s assertion on a different premise is without merit to further examine.

2. Accordingly, the plaintiff's claim against the defendant is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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