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(영문) 수원지방법원 2017.08.10 2017나2561
물품대금
Text

1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is subject to Paragraph (1).

Reasons

1. Facts of recognition;

A. The plaintiff is a person who has been engaged in the influoral manufacturing business with the trade name C, and the defendant was a person who has been engaged in the manufacturing and selling business of electric sets.

B. The Plaintiff requested the Defendant to produce and supply general copies and produced and supplied the general copies (hereinafter “instant commodity contract”). Accordingly, the details of the trading list issued by the Plaintiff are as follows.

The issue date (whichever is earlier) 1: (a) KRW 3,862,40 on September 17, 201; (b) KRW 3,400,00 on September 17, 201; (c) KRW 3,400,00 on September 17, 201; and (d) KRW 605,200 on September 26, 201; and (d) KRW 500 on September 26, 201; (c) KRW 600 on September 30, 201; (d) KRW 961,00 on October 3, 18, 201; and (e) KRW 1,360,00 on the aggregate of KRW 7,18,360,00 on October 1, 18, 201; and (e) the purport of the entire pleadings as to each of subparagraph 1; and (e) the purport of each of the arguments

2. Determination as to the cause of action

A. 1) The Plaintiff’s assertion 1) concluded the instant goods contract with the Defendant, and supplied the Defendant with a general publication. 2) The Defendant’s assertion was awarded a subcontract for the electrical sales process with D.

The defendant merely contacted with the plaintiff for the above processing work, and the plaintiff supplied goods to D, so the defendant is not the other party to the goods contract of this case.

B. Determination 1) As indicated in the facts and records as follows: (a) the Plaintiff issued each statement of transaction, stating items, size, quantity, unit price, total amount, etc. in relation to the instant goods contract; (b) the Plaintiff’s signature is attached to the remaining statement of transaction (other than No. 3) September 17, 201 in each statement of transaction issued by the Plaintiff; and (c) September 20, 201 in each statement of transaction issued by the Plaintiff; and (d) the Defendant merely signed the Defendant’s receipt of the goods. However, despite the fact that the Defendant was separately provided on the right side of each statement of transaction signed by the Defendant, the Defendant’s signature is in the lower column of the entry of items, such as the statement of transaction.

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