logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.04.17 2017나9968
물품대금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The party's assertion and judgment

A. The Plaintiff asserted that the Plaintiff supplied steel materials equivalent to the total amount of KRW 47,500,000 (including value-added tax) to the Defendant from April 2012 to May 201, and sought payment of the above amount and damages for delay thereof against the Defendant. The Defendant asserts that the other party who supplied the goods to the Plaintiff is not the Defendant but the Defendant but the Defendant is a corporation with the representative director, and that only the representative director does not have the obligation to pay the goods.

B. According to the reasoning of the judgment, Gap evidence Nos. 1, 2 (including each number), and Eul evidence Nos. 5 and 6, the plaintiff supplied steel materials to Eul corporation from April 2012 to May 5, 201, and the defendant is recognized as the representative director of the above company, but it is difficult to view the above fact that the defendant is not liable to pay the price for the goods to the plaintiff, and there is no other evidence to support it. Thus, the plaintiff's claim on a different premise is without merit.

2. If so, the plaintiff's claim shall be dismissed as it is without merit. Since the judgment of the court of first instance is unfair with different conclusions, the defendant's appeal shall be accepted, and the judgment of the court of first instance shall be revoked, and the plaintiff's claim shall be dismissed as per Disposition.

arrow