(영문) 수원지방법원 2014.12.26 2014나30565

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크기(pt)

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줄 간격

자간(%)

(영문) 수원지방법원 2014.12.26 2014나30565

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 reasons for the court’s explanation concerning this case are as stated in the reasoning of the judgment of the court of first instance, except where the corresponding part of the judgment of the court of first instance is dismissed or the judgment is added, and thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be found either in height or in addition;

A. From 2nd to 3th of the judgment of the court of first instance, the parts shall be cut in accordance with the following:

In full view of the purport of the entire argument in the testimony of the witness E of the first instance trial, E has completed the business registration (registration number G) of the restaurant of this case in the name of his spouse around May 2010, and before that time between the Plaintiff and the Plaintiff who supplied food materials, such as chickens, to the restaurant of this case, continue to engage in the transactional relationship between the Plaintiff and the Plaintiff that received food materials from the Plaintiff. E reported the business registration under the name of F and reported the business registration, and continued to engage in the previous transaction relationship with the Plaintiff on October 26, 2010. At that time, E borrowed the Defendant’s business registration (registration number H) under the name of the Defendant to temporarily use the Defendant’s business registration under the name of the Defendant, E is recognized to have signed on the goods transaction receipt presented by the Plaintiff through I and J, which is one’s own employee, and there was no other evidence to acknowledge that the Plaintiff received the money from the Plaintiff from the Plaintiff to October 28, 2010 to the above goods supply receipt.

Furthermore, the defendant's assertion to E is the restaurant of this case.

참조조문

-민사소송법 제420조

유사 판례

-대전지방법원 2015.06.11 2014나106494

-서울북부지방법원 2015.5.12.선고 2014가단50880 판결

-서울중앙지방법원 2017.06.30 2016가합547706

-수원지방법원 2019.07.17 2018가단516783

-서울북부지방법원 2015.05.12 2014가단50880