logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.02.08 2016가단7790
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff asserts that from October 2015 to November 201 of the same year, the Plaintiff supplied the Defendant with goods, such as 45,178,210 won required for the electrical construction of the Sejong C-TTTTTT in the training room, and sought payment of the balance of the price of goods calculated by deducting KRW 25,178,210,000 from the Defendant’s payment for the fact that he/she received from the Defendant.

In full view of the following circumstances, it is difficult to recognize the fact that the evidence submitted by the Plaintiff alone was supplied to the Defendant.

① Direct evidence to support the above assertion, for example, that the withdrawal, such as the Defendant’s order for production or the receipt of goods, is insufficient.

② The Defendant did not prove that the instant practice room electrical construction for the Plaintiff’s supplied goods was actually carried out by the Defendant.

Rather, according to the evidence No. 8, No. 6, and No. 7, it can be seen that the company is the Jinjin Welfare Foundation (the Central Electric Business Association; hereinafter referred to as the “Korea Electric Business Association”) designated by the Defendant as a contracting party to the Plaintiff.

The receipt of finished products (A6) submitted by the Plaintiff as evidence is also indicated as the delivery place by the non-party business team.

③ In issuing the tax invoice related to the supply of the above goods, the Plaintiff initially prepared a tax invoice equivalent to KRW 40,018,000 in total with the non-party business team as the other party.

(4) If there are circumstances, the Plaintiff’s interest, such as the fact that the Defendant paid part of the goods to the Plaintiff on behalf of Nonparty 2, but the Defendant’s executive officers (B) exchanged with the Plaintiff’s e-mail contact or signed on the shipment slip of anti-processed products (Evidence A5).

arrow