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(영문) 대전지방법원 2020.02.04 2019나106956
물품대금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment shall be revoked.

The defendant 30,555.

Reasons

1. The reasoning of the judgment of this court for the acceptance of the judgment of the court of first instance is as follows, and it is identical to the statement of the judgment of the court of first instance, except for the deletion of the part of the "3. Conclusion", and therefore, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it is stated in the judgment of the court of first instance. Then, it is a matter concerning the interpretation of the party's intent as indicated in the contract for the assumption of obligation, and it is deemed that the assumption of obligation is a party's acceptance in respect of the assumption of obligation, or if it is not clear whether the overlapping underwriter is a exempted acceptance in respect of the assumption of obligation

(See Supreme Court Decision 2002Da36228 Decided September 24, 2002). According to the facts acknowledged earlier, Gap 3, 7, 8 (including paper numbers), Eul 1, and the overall purport of the pleadings, the non-party company was established on May 25, 2017 under the name of the principal office "C in Namyang-si," which is the domicile of the non-party company as the principal office address. After the incorporation of the non-party company on June 29, 2017, the plaintiff issued a transaction statement (No. 3, No. 24) with the non-party company as the person being supplied with the non-party company for the first time on July 5, 2017. The plaintiff issued a transaction statement with the non-party company No. 37,011,250, which was already issued by the non-party company No. 37,07, and the total amount of the transaction statement issued by the non-party No. 2 after the above transaction statement was signed by the defendant No. 346.

Secondly, the plaintiff is existing in the name of the non-party company.

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