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(영문) 춘천지방법원원주지원 2019.11.26 2019가단929
물품대금
Text

1. The Defendant’s KRW 40,220,990 for the Plaintiff and KRW 15% per annum from March 12, 2019 to May 31, 2019.

Reasons

1. The Plaintiff, who sells the allegations by the parties, sought payment of KRW 40,220,90 for the unpaid amount of goods supplied until November 14, 2018 against the Defendant, who is the business operator of the business registered at the designated landing point of “D,” and the Defendant, around July 2018, claimed that the Defendant transferred D to E and the substantial business operator of D had no obligation to pay the said goods to the Defendant by asserting that it is E.

2. Determination: (a) the Plaintiff supplied goods to D from November 1, 2017 to November, 1, 2017, (b) the Defendant is the business operator of D, who received the goods while working on a daily basis; (c) the Plaintiff supplied goods amounting to KRW 100 million to D for at least one year until January 3, 2019; and (d) received deposits or cash payments equivalent to KRW 60 million under E’s name on September 7, 2018; and (d) all tax invoices for all transactions were issued under the name of the Defendant as the recipient of the goods; and (e) the Plaintiff’s payment for the goods that was not received from D was recognized as the Defendant in light of the fact that the goods were supplied to D; and (e) the Plaintiff’s payment for all transactions was recognized as the Defendant in light of various circumstances, barring any special circumstances, as seen above, in light of the fact that the Defendant’s business operator’s name and the reason for recognition of the goods supply contract.

Meanwhile, according to the statements in Eul evidence Nos. 1 and 6, the fact that Eul had ordered goods to the plaintiff, and that the F, an employee of the plaintiff, at the request of the defendant in the transaction specification sheet dated November 28, 2018, stated "E attempted money" and stated 1,131,060 won on the same day as "11/28 Egre (the defendant's name)", "F and Dong G, the defendant's living together, were exchanged on September 2, 2018 and November 27, 2018, and the F supplied goods at the request of the defendant.

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