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수원지방법원 2016.10.13 2015나39156

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.


1. The parties' assertion

A. The plaintiff's assertion is a business operator who sells kitchen supplies with the trade name of C, and the defendant is a person who operates a restaurant with the trade name of "E" in Osan City D.

As the Plaintiff supplied the Defendant with the main product equivalent to KRW 5,32,030 (including value-added tax) on November 1, 2014, the Defendant is obligated to pay the price of the goods and damages for delay to the Plaintiff.

B. On October 25, 2014, the Defendant: (a) concluded a franchise agreement with Franchis; (b) concluded a package contract with Franchis; and (c) paid F the remainder amount of KRW 2,700,000 on October 30, 2014; and (d) paid F the remainder payment of KRW 6,000,000 on November 6, 2014; and (e) KRW 2,700,000,000 on November 11, 2014, respectively.

The defendant did not receive the main equipment from the plaintiff, and the plaintiff supplied F with the main equipment, so the plaintiff must claim the price of the goods to F who is not the defendant.

2. According to the evidence Nos. 1 and 2 of the judgment as to the cause of the claim, the Plaintiff: (a) although it is recognized that the Plaintiff supplied the Plaintiff with bank supplies equivalent to KRW 4,847,30 to the mutual operator of “E” on November 1, 2014; (b) Meanwhile, according to the evidence Nos. 1, 2, 3, and 4, the Defendant’s contract deposit amount of KRW 2,000 on October 30, 2014; (c) the intermediate payment of KRW 6,000,000 on November 6, 2014; and (d) the balance of KRW 2,70,000,00 after November 11, 2014; (c) the Plaintiff’s transaction statement issued to the Defendant, the Plaintiff’s mobile phone number of KRW 6 on July 29, 201; and (d) the Plaintiff’s transfer of KRW 30,005,00 each of the Plaintiff’s sales equipment to the Plaintiff.