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(영문) 수원지방법원 2017.04.25 2016나12455
물품대금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff asserts that, since the defendant had the plaintiff deliver the prosecution to C through B to the defendant's business partner, the defendant is obligated to pay 12 million won to the plaintiff according to the distribution contract between the plaintiff and the defendant, since the plaintiff had the plaintiff deliver the prosecution to C through B.

On July 21, 2015, the Plaintiff supplied 18 million won to C, a business partner of the Defendant, at the Defendant’s request on July 21, 2015, and transferred 5.8 million won from the Defendant on July 23, 2015 to the Defendant on the part of the amount of the distribution may be recognized by the respective statements in the evidence Nos. 1 and 2.

However, the above facts alone are insufficient to deem the defendant as a party to a drilling supply contract asserted by the plaintiff, and there is no assertion or proof as to the fact that the defendant conferred the power of representation to B on the conclusion of a drilling supply contract, the plaintiff's above assertion is without merit.

2. Conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit.

Since the judgment of the court of first instance is unfair in conclusion with different conclusions, the defendant's appeal is accepted and the judgment of the court of first instance is revoked and the plaintiff's claim is dismissed. It is so decided as

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