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(영문) 대구지방법원 김천지원 2018.04.25 2017가단34093
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On April 2012, the Defendant filed an application against the Plaintiff for a payment order claiming the amount of KRW 16,674,826 of the goods price and damages for delay on the ground that the Defendant supplied the Plaintiff’s goods totaling KRW 23,587,308 from March 4, 2011 to October 26, 2011, and the payment order became final and conclusive on May 3, 2012.

B. However, since the opposite contractual party that the defendant supplied PED products is not a plaintiff but a U.S. corporation, there is no claim for the price of goods against the plaintiff.

2. In full view of the following facts: (a) it is insufficient to acknowledge the facts alleged by the Plaintiff solely on the basis of the written evidence Nos. 1, 2, and 3; (b) it is rather insufficient to recognize the Plaintiff’s assertion; (c) the signature and sealing of the Plaintiff’s personal name, not the name C, at the bottom of the transaction report (No. 1) for a specific period; (d) the Plaintiff paid goods in cash directly by the Plaintiff; and (e) ESD products are not sent only to C pursuant to the ES invoice (No. 2), it is reasonable to deem the Plaintiff

3. Conclusion, the plaintiff's claim is dismissed as it is without merit.

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