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(영문) 전주지방법원 2019.10.17 2019나374
공사대금
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

1. The plaintiff asserts that the defendant is obligated to pay to the plaintiff the amount stated in the claim as the cost of processing and wages related to the production of the sample, as it produced and supplied 250 samples according to the direction of C director, who is the employee of the defendant, upon the request of the defendant for the production of the sample.

As to this, the defendant asserts that even though the "B" of the same personal business chain as the defendant ordered the plaintiff to produce the sample of this case, the defendant, a stock company, did not order the plaintiff to produce the sample of this case.

2. The following facts or circumstances acknowledged based on the respective descriptions and the entire purport of evidence Nos. 1 through 4, Eul evidence Nos. 1 and 6 (including branch numbers), i.e., (i) upon request of E Co., Ltd. (hereinafter “E”) for the production and sale of clothing with the trade name of a private enterprise called “B” and again commission the Plaintiff to work. (ii) The Plaintiff, in the presence of C and E’s employees, produced and supplied 250 raw samples of the Plaintiff’s 96 staff members at the Plaintiff’s office. During that process, from September 2017 to Nov. 2017, 2017, the Defendant established the whole number of e-mail and e-mail of the Plaintiff’s office to use B and the same e-mail sales business as the Plaintiff’s representative director at the same place of business (hereinafter “E”); and (iii) established the Plaintiff’s office with the same type of business as B and e-mail sales business as the Plaintiff’s office’s main place of business.

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