logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.06.04 2014나11947
물품대금등
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion was supplied to the Defendant with an oral test equivalent to KRW 6,676,50 from April 2, 2013 to June 24, 2013. As such, the Defendant is obliged to pay the price and damages for delay thereof to the Plaintiff.

2. If the purport of the entire pleadings is added to the statements in Gap evidence Nos. 1, 2 and Eul evidence Nos. 3, the plaintiff is acknowledged to have operated a mutual spacing company with the trade name of "C", the defendant and D operated a manufacturing company with the mutual spacing of "E" as a club business, and the plaintiff, at the request of "D, performed a spacing operation with the spacing operation from April 2, 2013 to June 24, 2013, and delivered the spacing to D after completing the spacing operation.

However, the above facts alone are insufficient to recognize that the transaction which was supplied with a cryp test as the counter-party to the partnership or the defendant pursuant to the above business, and there is no other evidence to acknowledge it. Thus, the plaintiff's assertion is without merit without further review.

(E) In light of the fact that the Plaintiff is the Plaintiff that the tax invoice for E was not issued, and that the underwriter was written in the transaction account book prepared by the Plaintiff, the Plaintiff appears to have engaged in the above transaction against D). 3. If so, the Plaintiff’s claim is reasonable, and the judgment of the court of first instance is unfair in conclusion, and thus, the Plaintiff’s claim is revoked and dismissed as it is so decided as per Disposition.

arrow