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(영문) 광주지방법원해남지원 2019.10.22 2019가단378
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that, from November 6, 2018 to December 21, 201 of the same year, the Defendant was liable to pay the remainder amount of KRW 154,312,00 to the Plaintiff, on the grounds that the Plaintiff sold the drilling equivalent to KRW 359,920,00 from November 6, 201 to December 21, 201, and paid KRW 241,608,00 among them, the Defendant asserted that the other party who sold the reasoning for the above period is not the Defendant.

Therefore, according to the evidence No. 3, it is recognized that the plaintiff and the defendant exchange text messages containing the text of the compromise and demand for payment between the plaintiff and the defendant.

However, the following facts are revealed by the statements in Gap evidence Nos. 2, 4, and 7 (including the number of branch numbers) submitted by the plaintiff. In other words, the plaintiff supplied to the orderer upon the defendant's request, namely, "D" as the sender of the door-to-door unit that the plaintiff sent to the orderer. The plaintiff's delivery of the goods supplied by the order of the defendant was made in the name of "D", and the price for the door-to-door unit that the plaintiff supplied by the order of the defendant was deposited in the name of "D", and even if the fact that the defendant is the wife of "D", the above facts are insufficient to recognize the fact that the plaintiff supplied the door-to-door unit as the defendant, and there is no evidence to prove otherwise.

Therefore, this part of the Plaintiff’s assertion based on the premise that the other party to whom the Plaintiff supplied the compromise is a defendant is difficult to accept without further examining the remainder of the issues.

2. The Plaintiff’s judgment on the claim for damages is in collusion with C on the ground that the Defendant filed an application for simplified rehabilitation during the period when D is being supplied with a prison life by the Plaintiff.

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