(영문) 대구지방법원 2018.11.01 2017나9716 | 리걸엔진

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Reasons

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자간(%)

(영문) 대구지방법원 2018.11.01 2017나9716

물품대금

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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 parties' assertion

A. The Plaintiff’s assertion is a person who engages in wholesale and retail business of kitchen supplies with the trade name “D” in Daegu Northern-gu, and from January 21, 2017 to March 22, 2017, the Plaintiff received orders from G, an employee of the Defendant, who runs “F” on the Daegu Suwon-gu E and the first basement level, and supplied the Defendant with a total of KRW 8,747,860 (hereinafter “instant main product”), but was not paid at all by the Defendant. As such, the Defendant is liable to pay the Plaintiff the price for the instant main product.

B. The Defendant’s assertion that the Plaintiff was supplied with an order for the instant kitchen supplies is G running the restaurant chain business in the name of “F,” and the Defendant is only the franchise store of the pertinent chain business.

The instant main supplies were ordered for a branch of G to start a new business in the Gu and America, and are irrelevant to the H point operated by the Defendant.

2. In full view of the following circumstances: (a) there is no dispute between the parties, or based on Gap evidence 3-1; (b) testimony by witnesses G of the trial court; and (c) the defendant paid the above trade name “F” to G to operate a franchise store (H store); (c) the plaintiff was the person who directly received the order after ordering the instant gas station supplies; and (d) the plaintiff was delivering some of the gas station supplies ordered at the request of G to J points during its opening business; and (c) the plaintiff sent text messages to G, other than the defendant, claiming the payment of the price of the instant gas station supplies; and (c) the plaintiff should be deemed the parties to the instant gas station supply contract to the Plaintiff and the party to the instant gas station supply contract. The evidence submitted by the plaintiff alone is either the party to the instant gas station supply contract or the party to the contract.

유사 판례

-서울북부지방법원 2018.11.08 2018고정1413

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-수원지방법원 안산지원 2016.03.24 2014고단2660

-대구지방법원 2012.12.20 2011고단6466