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(영문) 창원지방법원진주지원 2020.02.19 2019가단5754
물품대금
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 and judgment asserted that, even though the Plaintiff supplied ready-mixeds equivalent to KRW 44,185,00 to the Defendant from January 17, 2015 to April 11, 2015, the Defendant did not perform its obligation to pay the price.

The evidence submitted by the plaintiff alone is insufficient to recognize that the plaintiff supplied the above ready-mixed to the defendant, and there is no other evidence to acknowledge it.

Rather, according to the purport of the evidence Nos. 1 and 2 and the purport of the entire pleadings, the Plaintiff supplied ready-mixeds equivalent to KRW 44,185,00 to E from January 17, 2015 to April 11, 2015. The Plaintiff can only recognize the provisional attachment of real estate owned by E with the claimed amount of KRW 44,185,000. The legal relationship between the Plaintiff and E is separate theory, and the fact that the Defendant was an internal director of E, the Plaintiff does not have the right to claim the price of goods to the Defendant.

The plaintiff's assertion cannot be accepted.

2. Conclusion, the Plaintiff’s claim against the Defendants is dismissed as it is without merit. It is so decided as per Disposition.

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