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(영문) 대구지방법원 2020.07.15 2019나312263
물품대금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. The gist of the Plaintiff’s assertion was from October 2014 that the Plaintiff did not specify the time in the warden, etc. However, according to the Plaintiff’s evidence No. 8, the Plaintiff appears to the purport that it was from October 2014.

In the United States of America, the Defendant, who seeks to sell bags, etc. using the brand called “C”, requested the supply of human-made leathers, etc. necessary for the development and manufacture of the product (hereinafter “instant supply contract”). However, the Plaintiff did not receive USD 25,356, US dollars as stated in the [Attachment] as of December 22, 2016 as of the date of the instant lawsuit.

Therefore, as a party to the instant contract for the supply of goods, the Defendant is obligated to pay 28,411,398 won ($25,356 x base exchange rate 1,120.5 won around August 23, 2018, which is the filing date of the instant lawsuit) and damages for delay.

2. Generally, who is the party to the contract is a matter of interpretation of the intent of the party involved in the contract.

In full view of the following circumstances, comprehensively taking account of Gap's evidence Nos. 2, 7, 8, 11, Eul evidence Nos. 1, 2, 9, 10, 11, 13, and 14 and the overall purport of arguments, it is reasonable to view that the party to whom the goods are supplied under the goods supply contract of this case is not the defendant, but the defendant, and the company or E.

Therefore, the Defendant’s claim is without merit on the premise that it is a party to the instant goods supply contract.

1. D Company (hereinafter referred to as the “instant Company”) is an enterprise located in the New York State of the United States, its representative is E.

The instant company was trying to manufacture a bank in spring, in 2017, and sell it as C’s brand. For this purpose, the Defendant was to be supplied with the Human Helpers from the Plaintiff through the Defendant, and even before that, the Plaintiff through the Defendant.

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