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(영문) 대구지방법원 2020.01.22 2018나322621
물품대금
Text

1. The part against Defendant B in the judgment of the court of first instance, which exceeds the following amount ordered to be paid.

Reasons

1. Basic facts

A. The Plaintiff is running a business, such as fiber, self-denunciation, and processing, with the trade name of “E”.

B. Defendant B, while selling clothes, etc. in Seoul, registered his business under the name of the Defendant C, who is a earlycar, but closed his business on June 30, 2016, and registered his business under the name of Defendant D, the wife, as Defendant D.

C. Defendant B sent the order to the Plaintiff by sending the sample of the rasp design to the Plaintiff, and the Plaintiff processed and supplied it accordingly.

Until September 1, 2016, the price of the goods was primarily remitted from the Defendant C’s account to the Plaintiff, and thereafter, it was transferred from Defendant D’s account.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 44, testimony of the first instance court witness H, and the purport of whole pleadings

2. Determination as to the claim against the defendant B

A. The evidence Nos. 3 through 32, 46, and 48 of the judgment on the cause of the claim, and Defendant B’s evidence Nos. 3 through 44 (transaction Statement and Settlement Statement) shall be asserted to the effect that there is no value or credibility of evidence.

However, in full view of the following facts: (a) the Plaintiff received orders from Defendant B located in Seoul and sent goods as cargo; (b) the Plaintiff was unable to obtain the signature of Defendant B on the transaction list; and (c) the Plaintiff prepared a transaction statement each time to supply goods to Defendant B; (d) prepared a monthly settlement statement; (c) prepared items and unit price, volume, and quantity specified in the transaction statement and settlement statement; and (d) deemed as corresponding to the sample sample of the draft that Defendant B sent to the Plaintiff; (c) partially coincide with the former sheet prepared by Defendant B; and (d) recognized the fact that the Plaintiff was supplied with goods equivalent to the amount claimed by the Plaintiff while running an enterprise with the trade name “F”, each entry in the transaction statement and settlement statement is deemed to have a considerably high physical strength, completedness, and accuracy, so it is sufficient to serve as the basis for fact-finding.

(b).

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