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(영문) 대구지방법원 2017.04.27 2016나7751
매매대금
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. Facts of recognition;

A. The Plaintiff is a company that engages in electricity and electronic parts processing as its business, and the Defendant is a company that engages in the production, sale, etc. of rashers.

B. On February 2, 2015, the Defendant’s employees B sent a seal attached to the used goods contract form (hereinafter “instant used goods”) in relation to the sale of used goods (hereinafter “the instant used goods”) possessed by the Plaintiff, which were leased from Rayren Co., Ltd. (hereinafter “the instant used goods”). The Plaintiff printed out the used goods contract form attached to the Plaintiff, affixed the Plaintiff’s seal on the printed parts, affixed the Plaintiff’s seal on the printed parts (Evidence 3) and then sent it to the Defendant.

C. On February 2, 2015, the Plaintiff delivered the instant goods to C and the director D, who is the Defendant’s employee, and the instant goods were installed inside the Defendant’s office.

On February 13, 2015, KRW 69,596,691 was remitted from the account under the name of the defendant to the Plaintiff’s account.

(A) No. 4, e.

At present, there is a output of the used goods contract under the name of the Plaintiff and the Defendant (A evidence 13; hereinafter “instant contract”) as follows:

On the other hand, the contract of this case is to output the can file stored in the computer, and the stamp image affixed next to the defendant's name of the contract of this case is the same as the stamp image of the seal used by the defendant at the time of transaction with the Twitter Co., Ltd.

On February 6, 2015, the date of concluding a contract for the purchase of secondhand goods: The defendant supplier: The contract between the plaintiff (the content of the contract) and the plaintiff on the secondhand goods contract for the following contract objects shall be concluded as follows:

Article 1. 1. 1 Product Name: (2) Model and Quantity: U-5G 3SY : Total Amount: n-5G 90,542,691 (Separate Grounds for Recognition) / [Attachment] 1 through 4, 6, 9, 10, and 13 (including serial numbers; hereinafter the same shall apply), each description and image of evidence A (including serial numbers; hereinafter the same shall apply), the result of the appraiser A’s stamp image appraisal of the first instance trial, the purport of the entire pleadings.

2. The plaintiff.

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