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(영문) 수원지방법원평택지원 2020.05.07 2019가단4354
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the plaintiff's assertion

A. By September 2, 2016, the Plaintiff’s summary of the Plaintiff’s assertion supplied the Defendant with goods equivalent to KRW 34,862,747, such as the U.S. dollars, and the Defendant paid only the amount of goods worth KRW 1,700,000 on September 2, 2016, the Defendant should pay the amount of money written in the purport of the claim to the Plaintiff.

B. Determination is based on the following circumstances: (a) whether the Defendant was a party to whom the instant goods were supplied; (b) whether the Defendant’s written evidence Nos. 1 through 3, and the written evidence Nos. 1 and 2 are considered to have comprehensively taken into account the overall purport of the pleadings; (c) whether the Defendant’s Defendant’s Defendant’s penal business operated on or around June 1, 2015, “E” established on or around May 13, 2016 by “D” and “Defendant” appear to be a separate business entity; (d) the customer director of the instant goods (Evidence No. 1) and transaction statement (Evidence No. 2) are provided with the goods; and (e) the Defendant’s name stated in the transaction statement was not proven to have been established; and (e) the Defendant established a “E” and provided separate goods from the Plaintiff on May 13, 2016, and thus, it is difficult to recognize that the Plaintiff’s assertion that the goods were paid to the Plaintiff on September 10, 2010, 2017, etc.

2. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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