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(영문) 서울중앙지방법원 2016.01.22 2014나52864
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Plaintiff, as the introduction of Nonparty A, supplied the Defendants’ workplace from September 2, 2012 to December 18, 2012.

B. Defendant AFF Co., Ltd (hereinafter “Defendant AF”) paid KRW 44,832,700 over five occasions from August 23, 2012 to September 28, 2012 to KRW 44,832,700, and issued a tax invoice of KRW 44,832,700 as of September 28, 2012, issued by the issuer and the other party as Defendant A.

C. Defendant AFF Co., Ltd (hereinafter “Defendant AF”) paid A total of KRW 25,880,80,800 on six occasions from December 13, 2012 to February 6, 2013, and issued two copies of tax invoices of KRW 3,900,600, KRW 16,811,300 as of December 31, 2012, issued by the issuer and the other party as Defendant A.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 3, Eul evidence 1-1-4, Eul evidence 1-2, Eul's testimony and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff entered into a household supply contract with the Defendants as the introduction of A, and thereafter supplied each of the households equivalent to KRW 50,726,50 to Defendant A, and Defendant A, to Defendant A, with KRW 20,711,90,00 for Defendant A, respectively. Since some of the households was not paid for the goods, the Plaintiff sought that Defendant A, A, paid KRW 20,000,000 for Defendant A, and KRW 6,438,400 for Defendant A, to Cloud.

B. The following circumstances revealed by the above facts are: (a) while the Plaintiff entered into a household supply contract with the Defendants, the amount of the goods was received from the Defendants, not the Defendants; (b) the Defendants did not raise any objection to the payment of the goods; and (c) the Defendants knew that the goods were supplied by the Defendants, and paid the price of the goods to A with the knowledge that the goods were supplied by the Defendants.

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