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(영문) 수원지방법원 2016.02.04 2015나4112
물품대금
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. In full view of the purport of Gap evidence Nos. 1 through 6 of the judgment as to the cause of the claim and the purport of the entire pleadings, the plaintiff supplied various kinds of teas to the defendant who operates Mat with the trade name "C" from September 2012 to June 2013, 2013, and the fact that the price for the goods that the plaintiff has not received from the defendant is 3,716,621.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff 3,716,621 won for the above unpaid goods and damages for delay calculated at the rate of 20% per annum from April 8, 2014 to the day of full payment, which is the day following the delivery of the original copy of the instant payment order.

2. On the judgment of the defendant's assertion, the defendant did not know at all the details of transactions with the plaintiff. However, the defendant asserts that D, who was exclusively in charge of preparation for the opening of marina business, manipulates as if he purchased false goods by taking advantage of his status, and the defendant is not liable for claiming the price of goods.

The defendant's assertion that D, like the defendant's assertion, has no evidence to recognize that D, engaged in embezzlement or breach of trust in the course of operating Mat, and the above argument by the defendant is without merit.

3. As such, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit, and it is so decided as per Disposition.

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