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(영문) 수원지방법원 2020.08.13 2019나83236
물품대금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following determination as to the Plaintiff’s assertion emphasized by the court of first instance as to this case, and therefore, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff's assertion is merely a company in the form of the defendant's establishment and operation by the defendant, and the plaintiff is obligated to pay the price for the goods supplied to E or F by the plaintiff to the defendant. However, according to the overall purport of the statements and arguments in the evidence Nos. 5 and 6, E is a private company operated by G and the defendant is a separate company operated by H, and the representative director, the head office, etc. is recognized as a separate company or a separate company with the defendant. Thus, it cannot be deemed that the plaintiff is obligated to pay the price for the goods supplied to E or F by the plaintiff to E or F.

Furthermore, even if the goods transaction alleged by the plaintiff is the act of E or F, the denial of its responsibility on the ground that the defendant in the behind E or F is a separate legal entity, is against the principle of trust and good faith, and thus, it cannot be permitted against justice and equity. However, the following circumstances, which can be acknowledged by comprehensively considering the evidence submitted by the defendant and the overall purport of the testimony and arguments of the witness of the first instance trial D, i.e., (i) the representative H is a person who has worked in the past in the defendant company, and (ii) the representative of the defendant I is a person who has worked in the defendant company in the past, and (iii) the representative of the purchase team was used to be the director of E; (iv) the head of the C-Purchase team was trades with the defendant company J or I and considered as an employee of the plaintiff or E or E-B mediation committee; and (v) the reasons why the E and E-U-F participated in the trade between the plaintiff, the defendant and the

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