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(영문) 서울고등법원 2015.01.23 2014나2031774
물품대금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All the costs of lawsuit are assessed against the Plaintiff.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by taking into account the following facts: Gap evidence Nos. 1, 3-21 through 26, Gap evidence No. 4, Gap evidence No. 5-1, 2, Gap evidence No. 6-13, 14, Gap evidence No. 7-2, Gap evidence No. 8-1 through 6, Gap evidence No. 8-9, Eul evidence No. 1, and Eul evidence No. 1, and evidence No. 1 of the first instance trial witness H's testimony.

Around January 2013, the Defendant entered into a contract to supply overtime (hereinafter “instant supply contract”) to E Co., Ltd. (hereinafter “E”) operating overwork and collection wholesale business. Around February 2013, the Defendant accepted the contract by proposing the E’s representative director F to purchase and deliver excess at an enterprise designated by E and deliver it.

B. B operated D in a joint wholesale market (hereinafter “agricultural joint wholesale market”) and run a wholesale business and goods brokerage business. On February 13, 2013, B and the Defendant entered into a contract under which B purchases work from a mountainous district subcontractor and supplies work to the Defendant or the Defendant’s designated company (hereinafter “instant purchase contract”).

C. The Defendant: (a) knew or traded B prior to the instant purchase contract; (b) requested the Defendant to purchase and supply the task from B; and (c) H, an employee of the Defendant, visited B’s D office with F to enter into the instant purchase contract.

On the other hand, on April 16, 2013, B converted D into a corporation and established the Plaintiff as the representative director B. Accordingly, the status of the party to the instant purchase contract was succeeded from B to the Plaintiff and the transaction continued.

(hereinafter referred to as “Plaintiff”) e. a party to a transaction, including the transaction parts traded by an individual.

After receiving the order from the defendant, the plaintiff is called E, including the transaction part between E or F individuals by electronic commerce.

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