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(영문) 부산지방법원 2017.06.16 2016나47062
매매대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the Plaintiff supplied goods equivalent to KRW 11,328,790 to the Defendant from August 1, 2015 to September 17, 2015. As such, the Defendant is obliged to pay the Plaintiff the price for the goods 11,328,790 and damages for delay.

B. It is not sufficient to acknowledge that the Plaintiff supplied the above goods to the Defendant solely on the basis of each of the statements in Gap evidence Nos. 1 and 18, and there is no other evidence to prove otherwise.

Rather, the following circumstances revealed by the purport of Gap evidence No. 2 and the entire pleadings, i.e., ① prior to the filing of the instant lawsuit against the defendant, the plaintiff applied for an order of payment under the court No. 2015 tea 25474 against the defendant corporation, the defendant had already worked for the defendant (hereinafter referred to as "protecis"), ② the person who is supplied with electronic tax invoices (Evidence No. 2) issued by the plaintiff is indicated as the wall protecis; ③ the wall protecis was established for the purpose of the construction site and the external sales business; ③ the wall protecis was established for the purpose of the sales business of the building goods, such as natural materials, and the conclusion of the goods supply contract against the executive officers of the company, not for the company that is engaged in the sales business of the building goods, should be deemed as the wall protecis, not for the defendant.

Therefore, the plaintiff's above assertion on a different premise is without merit.

2. Thus, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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