logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.09.25 2019나3949
물품대금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff is a person running wholesale and retail business with the trade name of “C”, and the Defendant is a person who bought credit from the Plaintiff. 2) The Plaintiff purchased the loan from the Plaintiff. From January 22, 2016 to December 2, 2016, the Plaintiff and the Defendant, who ordered the Plaintiff, issued an order to transfer the loan from the Plaintiff with the trade name of “D” on behalf of the Defendant, and the E, who operates the license, took over the loan from the Plaintiff on behalf of the Plaintiff and made a transaction by signing on the Plaintiff’s transaction account book.

3 The defendant purchased 3.280,000 won from the plaintiff; however, the defendant purchased typists from the plaintiff; ① 88,000 won on May 23, 2016; ② the same year

9. A total of KRW 1,480,00 ( KRW 880,00) KRW 1,880,000 ( KRW 600,00), and the remainder of the purchase price ( KRW 3280,000 - KRW 1,488,00) is not paid.

Therefore, the defendant is obligated to pay 1.8 million won and damages for delay that are unpaid to the plaintiff.

B. According to the Defendant’s assertion 1) evidence No. 1 (transaction Book), the Defendant purchased 6 even number from the Plaintiff around November 10, 2016, and 6 even number 10 even number 10 even number 10, around December 2, 2016. The Defendant did not purchase 10 even number 10 between one month. The Plaintiff’s transaction account book is unilaterally prepared by the Plaintiff, and thus, the Defendant cannot be recognized. (2) The Defendant did not affix the Defendant’s seal or signature on the “takeover” column “A” column 2 (Transaction).

The defendant cannot be recognized because the statement of transaction is a document prepared by the plaintiff unilaterally.

2. According to each of the evidence Nos. 1, 2, 3, and 6, the fact that the sum of the supply values in the specifications of transactions prepared by the Plaintiff is indicated in the following table, and that E takes over from the Plaintiff on behalf of the Plaintiff the son during the period from January 22, 2016 to December 2, 2016.

Evidence of supply value of the receiver on the date of transaction shall be January 2016.

arrow