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(영문) 광주지방법원해남지원 2019.04.23 2018가단2254
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 7, 2018, the Plaintiff, who runs the business of selling Mafy, sent 19,67km, 180km, 2,183km to the Defendant on the following day. On July 8, 2018, the Plaintiff, who runs the business of selling Mafy, sent Mafy to the Defendant. The Defendant received this on July 8, 2018.

B. The Defendant: (a) died on August 3, 2018; (b) is not registered as the Plaintiff’s child in the family relations register; (b) is not registered as the Plaintiff’s child; (c) other children of the Plaintiff appeared later, as well as the Plaintiff’s other children, are not registered as the Plaintiff’s child in the family relations register) or as the D’s account designated by C, totaling KRW 85,954,00 = KRW 10 million on July 24, 2018.

7. 30.15 million won for the same year.

6,384,00 won for the same year.

8.1.23 million won for the same year.

8.2. 7 million won;

8.2.2.2.2,4570,00 won was remitted. [The facts of no dispute over the grounds for recognition, Gap evidence Nos. 1, 6, Eul evidence Nos. 2, 5, 6, and 7, respectively, and the purport of the whole pleadings;

2. The parties' arguments and issues

A. The Plaintiff’s sale price of Magy, which is KRW 57,878,90 [the price for the Plaintiff’s sale to the Defendant amounting to KRW 51,134,200 in total [the amount of KRW 51,67k x 2,600 in each kg]. Thus, the Defendant is obligated to pay the Plaintiff the said money to the Plaintiff. The Defendant is obligated to pay it to the Plaintiff.

The Plaintiff did not grant C the right of representation for the increase transaction with the Defendant, and the Defendant knew or could have known that C did not have the right of representation for the Plaintiff, and thus, the Defendant paid C the increased price.

It is not recognized as repayment to the plaintiff.

B. The Defendant, as the Plaintiff’s children, agreed to pay to C the amount of KRW 2,450 per 1 km, 2,450 per 1 km, 1 ice 2,90 won per 1 km, and ice 2,900.

Even if C is not the plaintiff's agent, the Civil Code provides payment to C.

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