logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.09.11 2014나13813
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Basic Facts

The Plaintiff operates an enterprise that manufactures and supplies food-manufacturing apparatus in the name of Daejeon Peong-gu, Daejeon. The Defendant occupied the E University F Center on March 1, 201 and operated a food-manufacturing enterprise in the trade name of G until March 31, 2013.

On May 11, 2011, the Plaintiff manufactured and supplied food manufacturing equipment (hereinafter “instant equipment”) to the Defendant. The Plaintiff manufactured and supplied the instant equipment to the Defendant.

[Grounds] The Plaintiff’s assertion of the parties to the determination as to the facts without dispute, Gap’s evidence Nos. 1 and 2, Eul’s evidence Nos. 1, Eul’s testimony at the trial witness H, and the ground for the overall purport of the pleading was concluded on March 7, 201 with the Defendant on March 7, 2011 to manufacture and supply the instant apparatus. On May 11, 2011, the Plaintiff supplied the said apparatus to the Defendant. As such, the Defendant is obligated to pay the price for the instant goods and damages for delay to the Plaintiff.

The defendant's quotation and statement of transaction (Evidence A 1 and 2) of this case are unilaterally prepared by the plaintiff. Since there was no contract with the plaintiff on the goods with the plaintiff, the defendant is not obligated to pay the price of the goods of this case to the plaintiff.

Judgment

In full view of the following circumstances acknowledged by the above basic facts, Gap evidence Nos. 3, 4, and Eul evidence Nos. 1, and the purport of testimony and pleading by the witness of the trial court as a whole, it is reasonable to deem that the plaintiff entered into a contract with the defendant who was introduced by H to deliver the equipment of this case to the defendant by fixing the price of KRW 13,00,000,000.

On March 1, 2011, the Defendant moved into the E University F Center and started to operate a food manufacturing company in the name of G. The Plaintiff prepared the instant quotation on March 7, 201, which was not much past from the time when the Defendant started to operate the said company, and on May 11, 201.

arrow