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(영문) 서울북부지방법원 2019.09.25 2019나31106
양말임가공료
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. The Plaintiff is a person who runs a double-end sales business in the trade name of “C (hereinafter “C”) and operates a double-end sales business, and the Defendant’s child Buuer D is an individual entity that is “E,” and the Defendant is a person who runs a double-end sales business after registering his/her business in the trade name of “F.”

B. The Plaintiff and D traded the end-of-life processing from around 2013 to November 2017 at both end. The outstanding amounts for the end-of-life processing as of November 17, 2017 are KRW 24,755,300.

C. D. D. F.D.

As stated in the foregoing paragraph, the Defendant received the horses from the Plaintiff and sold them to F operated by the Defendant, and the Defendant was directly issued the horses processed by the Plaintiff, and entered the “F” operated by the Defendant in the column of the consignee of the transaction lists.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, entry of Eul evidence 1 to 3, witness D's testimony and purport of whole pleading

2. The plaintiff's summary of the plaintiff's assertion is that the plaintiff supplied both horses to the defendant. Thus, the defendant shall pay the plaintiff the outstanding amount 24,755,300 won and delay damages.

3. Determination

A. The above 1-C

As seen in this paragraph, the fact that the Defendant received part of the pre-processed horses from the Plaintiff and entered the “F” in the column of the underwriter of the transaction specification is recognized.

B. However, according to the purport of Gap evidence Nos. 3 and Eul evidence Nos. 3 and 4 and the entire arguments, the following facts are as follows: ① The plaintiff and Eul continued to engage in mass processing from around 2013; ② most of the columns for the underwriters of the trading statements in both the end of the plaintiff processed, are stated as "E"; and among them, only part of the transaction statements, etc., including the transaction statements dated November 10, 2017, and November 17, 2017, are stated as "F"; ③ D is related to both end processing transactions in the instant case around July 2018.

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