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(영문) 수원지방법원안산지원 2016.05.24 2014가단115131
물품대금
Text

1. The request is dismissed.

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

Reasons

1. The Plaintiff asserted that the Plaintiff supplied the Defendant with the total amount of KRW 128,029,310 from October 2010 to March 4, 2013, and filed a balance of goods equivalent to the claim amount.

2. The Defendant asserts that the other party to the transaction with the Plaintiff is C.

According to the evidence Nos. 3-1, the plaintiff's trade partner is the defendant unless there is any other counter-proof as it is recognized that D, an individual entrepreneur supplied by the plaintiff, has registered his/her business under the defendant's name.

Meanwhile, according to the witness E’s testimony, the Plaintiff recognized that the transaction with D was taken place entirely by the Plaintiff’s business employee E at the time of the transaction with D, and the Plaintiff’s actual operator of D was found to have reported the fact that he was the Defendant only to the Plaintiff’s name, and the Plaintiff was aware of the fact that he was the Defendant, regardless of the Plaintiff’s name (E was separated from a competitor based on the relationship with the Plaintiff, but the mere fact that it was the competitor cannot be rejected). 3. The Plaintiff’s claim based on the premise that the other party to the transaction was the Defendant is the Defendant is without merit.

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