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(영문) 의정부지방법원고양지원 2017.06.29 2016가단17371
용역대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Comprehensively taking account of the purport of evidence No. 2, the Plaintiff entered into a logistics management service contract with C on July 1, 2015, and performed the affairs related to logistics management. As of April 19, 2016, the Plaintiff was not paid KRW 155,500,000 from the company as of April 19, 2016.

2. The assertion and judgment

A. The plaintiff asserts that not only the defendant succeeded to the plaintiff's service payment obligation from C, but also the defendant's representative director D promised to repay the plaintiff's obligation, and seek payment of KRW 155,500,000 for services not paid by C against the defendant.

B. First of all, we examine whether the Defendant succeeded to the Plaintiff’s service payment obligation from C, and since the evidence No. 1 was an investment contract concluded between Or Energy Co., Ltd. and Oral Energy Co., Ltd., and Oral Energy Co., Ltd., the above evidence alone is insufficient to recognize that the Defendant succeeded to the Plaintiff’s service payment obligation from C, and the same applies when considering the witness E’s testimony. There is no

Then, as to whether the Defendant promised to repay the Plaintiff’s obligation, the evidence Nos. 3 and 10, which seems to correspond thereto, is a recording recording of the conversations recorded by the Plaintiff with the Defendant representative director D, and it is difficult to view that the Defendant agreed to pay the Plaintiff the service payment obligation of the Plaintiff on behalf of the Defendant, with only the recording recording of the conversations recorded by the Plaintiff with the Defendant representative director D, and there is no other evidence to acknowledge this otherwise.

3. As such, the plaintiff's claim is dismissed on the ground that it is reasonable.

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