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(영문) 광주지방법원해남지원 2017.06.13 2016가단2441
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, with the trade name of “C”, engages in the business of cultivating and selling the uniforms in Jindo-gun D, Jindo-gun.

B. On November 2014, the Plaintiff entered into a contract to sell the Defendant’s father F with his father F by introducing E.

B. From the Defendant’s account to November 13, 2014, KRW 10,000,000, and KRW 20,000,00 was remitted to the Plaintiff’s account respectively.

Around that time, the Plaintiff handed over F abundance as set out in the above sales contract.

[Grounds for Recognition] Facts without dispute, entry of Gap evidence 2, witness F, and testimony of each part of E, purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff sold to the Defendant the total sum of KRW 75,000,000,000,000 for the 300,000,000,000 on behalf of the Defendant, and supplied the Defendant with the 300,000,000

Since the defendant only paid KRW 30,000,000 out of the price of the above uniforms, it is obligated to pay the remainder of KRW 45,000,000 and damages for delay.

3. Determination

A. As seen below, the evidence presented by the Plaintiff alone entered into a sales contract with the Plaintiff as the Defendant’s representative on the decentralization.

It is insufficient to recognize that the defendant granted F the power of representation in relation thereto, and there is no other evidence to acknowledge it.

The plaintiff's claim based on the premise that F entered into a sales contract with the plaintiff on behalf of the defendant is without merit.

(1) No. 1 (tax invoices) shall be prepared by the plaintiff himself/herself, and only the name and the domicile of the defendant and the business registration number is omitted.

In addition, the Defendant confirmed the contents of the above tax invoice.

There is no evidence to deem that the Plaintiff filed a tax-related report based thereon.

② The Defendant’s account No. 2 (the passbook transaction details) indicates that the price of the goods was deposited from the Defendant’s account to the Plaintiff’s account, and the fact alone is that F is the Defendant.

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