(영문) 대전지방법원천안지원 2013.11.15 2012가합10303

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(영문) 대전지방법원천안지원 2013.11.15 2012가합10303

물품대금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On December 28, 2007, B Co., Ltd. (hereinafter “Nonindicted Company”) entered into a purchase contract with the Defendant on the APPA-2000 model, etc. exclusive of a device for myLG070 service, and paid 3,347,608,730 won in advance from the Defendant, but had difficulty in the management of the company and had interference in the supply under the above contract.

B. Accordingly, if the non-party company and the defendant pay 70% of the purchase price of the goods ordered by the non-party company from January 13, 2009 to the non-party company, the non-party company and the defendant agreed to substitute for the payment of the remainder of 30% of the purchase price for the non-party company's remaining 30% of the purchase price for the non-party company when the non-party company supplied the goods.

C. Meanwhile, the non-party company produced goods to be supplied to the non-party company by using the AP originally supplied by China. The non-party company suffered difficulties in supplying the non-party company due to business difficulties, and promoted the supply of the AP from the plaintiff, a domestic company in 2010.

During that process, a person who was requested to use the Scro passbook as a means to secure the payment from the plaintiff, and the non-party company sent to the defendant on July 12, 2010 an official document (Evidence B No. 7-1) with the following content as the title "case of request for account change":

C B

D. On July 12, 2010, D, the head of the Defendant’s strategic project team, sent to the Nonparty Company a written confirmation of passbook transaction (Evidence No. 3, No. 7-2, hereinafter “instant confirmation of passbook transaction”) with the Defendant’s employee affixed the following details upon the Defendant’s request.

AD E F CB B

E. On July 12, 2010, the non-party company issued a written confirmation of the instant passbook transaction to the Plaintiff, and the Plaintiff entered into a basic contract on the consignment contract and supply transaction with the non-party company B (hereinafter “non-party company”) and the VoIP AP.

F. The Plaintiff on September 30, 2010.

유사 판례

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