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(영문) 대전지방법원 2015.07.10 2014나14335
음식대금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Judgment on the ground of the plaintiff's claim

A. The Plaintiff asserted that the Plaintiff was running a restaurant with the trade name “D” in Daejeon-gu Daejeon-gu, Daejeon-gu, and supplied food equivalent to KRW 5,457,00 in total to employees of the Defendant and the Defendant E (hereinafter “E”) (hereinafter “E”) from August 20, 2007 to April 27, 2014. The Defendant agreed to pay the Plaintiff the above food amount at a time when the redevelopment project, which was in progress, is completed.

After that, when the project was completed on or around April 2014, the Defendant agreed to pay the above food cost to the Plaintiff by May 30, 2014.

Therefore, the defendant is obligated to pay the plaintiff the above food costs of KRW 5,457,00 and damages for delay.

B. (1) In full view of the statements in Gap evidence Nos. 1 through 3 and the purport of the entire pleadings at the testimony of the witness F of the party, the plaintiff operated a restaurant with the trade name of "D" in Daejeon Seo-gu, Daejeon. The defendant, during the above period, operated Eul, etc., a company that purchases land for the apartment redevelopment project during the above period, and the transaction paper prepared by the plaintiff (Evidence No. 1) stated that the plaintiff sold food equivalent to KRW 5,417,00 in total from August 20, 207 to September 27, 2009 to the defendant or E's employees, including 5,417,000 won, such as spawds, sugars, and spawds, and spads, which were added to the last part, stated to the purport that "from April 14, 2014 to April 27, 2014," and that the defendant sold food more than KRW 88,1000.

(2) However, the following circumstances acknowledged by the above evidence, i.e., the signature of a meal person on the sales details of the above sales contract, is omitted, and there is no signature on the above additional part.

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