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(영문) 창원지방법원 2016.05.31 2015가단7599
물품대금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that engages in the production and sale of shipbuilding machinery and goods, etc. from the 726th of the Anero-Sari-si in the Kimyang-si, and the Defendant is a legal entity that engages in the manufacturing of vessel engine parts, etc. at the 565th of the Mayang-si,

B. A sent a e-mail to B, an employee of the Plaintiff, stating that “BNn and the ordering document was sent to the Plaintiff’s employee,” and the content of “A,05-350-7050, Fax number: 053507192, and Handphone number: C (hereinafter “the instant text”) was written at the bottom of that e-mail.”

C. On January 2, 2014, A sent e-mail with the content of sending an additional order to B, and e-mail with the content of revoking an additional order, respectively, and at the bottom of each of the above e-mail, the instant text was written.

On February 4, 2014, A sent to the Plaintiff an e-mail that “requesting the Plaintiff to send a tax invoice for the products entered into the e-mail,” and the instant text was also written at the bottom of the said e-mail.

E. On March 11, 2010, the rehabilitation procedure was completed for the Plaintiff on March 11, 2010 (this Court 2010 Gohap11), and on February 18, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 4 (including virtual number), the purport of the whole pleadings

2. Determination as to the cause of action

A. Plaintiff 1) received an order from the Defendant for the production of goods from December 30, 2013 to January 2, 2014, the Plaintiff: (a) produced seven goods from the Defendant; and (b) supplied the Defendant with the goods equivalent to KRW 12,60,00 in total amount of KRW 9,59,000 in supply on January 23, 2014; and (b) produced seven goods of KRW 12,60,00 in supply on February 11, 2014; and (c) supplied goods equivalent to KRW 1,260,00 in value of supply on February 11, 2014, value-added tax, KRW 1,260,00 in total, KRW 13,860,00 in total; (d) provided the Defendant’s request.

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