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(영문) 수원지방법원 2015.02.13 2014나7121
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. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the following additional parts, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The following instructions shall be added between the five pages 10 and 11 of the judgment of the first instance.

In relation to this case, the Defendant alleged that the Plaintiff did not assume the Defendant’s liability as the nominal holder under Article 24 of the Commercial Act because the Plaintiff knew of the fact that the actual party to this case was A, such as entering into the above contract with the knowledge that the actual party to this case was A, but there is no evidence to acknowledge that the Plaintiff was aware of the fact of the Defendant’s nominal name or was gross negligence on the part of the Plaintiff. Therefore, this part of the Defendant’s assertion is without merit. The following statements are added between the first and the first

“Around this point, the Defendant alleged that the Plaintiff did not assume liability as the nominal holder under Article 24 of the Commercial Act because the Plaintiff knew that the substantial party to the instant additional contract was A and knew of the fact that the Plaintiff was the actual party A, but there is no evidence to acknowledge that the Plaintiff knew or was gross negligence on the part of the Plaintiff, this part of the Defendant’s assertion is without merit.”

2. If so, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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