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(영문) 수원지방법원 2017.09.12 2016나75173
물품대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The Plaintiff, around October 2015, supplied cosmetics, etc. equivalent to KRW 14,047,038 in total pursuant to the supply contract with the Defendant, can be acknowledged by comprehensively taking into account the overall purport of the pleadings as to the respective entries in the evidence Gap 1 through 10 (the representative of the Defendant affixed a seal on the goods supply contract). As such, the Defendant is obligated to pay to the Plaintiff 4,30,000 won after deducting KRW 9,747,038 of the person who was paid the Plaintiff from KRW 14,047,038 of the said KRW 14,000,000 from the day following the day on which the duplicate of the complaint in this case was served on the Defendant to the day of full payment.

In regard to this, the defendant asserted that the plaintiff was a transaction with D through the defendant's introduction, but in the first instance court's reply on July 12, 2016, the defendant recognized that "the representative director of the defendant prepared a goods supply contract with the plaintiff and displayed cosmetics at the exhibition center located in D through D," and submitted a confirmation letter of facts by the D representative (E) but failed to submit it, the above assertion is without merit.

In addition, the defendant asserts to the effect that the cosmetics supplied by the plaintiff were defective, such as they cannot be used excessively due to corruption or leakage. However, the evidence submitted by the defendant is insufficient to acknowledge it only, and there is no other evidence to acknowledge it. Thus, the defendant's assertion is without merit.

2. Conclusion, the Plaintiff’s claim should be accepted on the grounds of its reasoning.

The judgment of the first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.

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