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(영문) 대구지방법원 2020.08.11 2020나302804
물품대금
Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

purport.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion is a person who runs a wholesale business, including overwork, in the name of “C,” and the Defendant is a person who operates D” (hereinafter “Defendant E”).

From the end of 2017 to November 7, 2018, the Plaintiff supplied the Defendant with excess amount, etc., and did not receive the remainder amount of KRW 1,701,000.

Therefore, the defendant is obligated to pay to the plaintiff 1,701,000 won for the price of goods and damages for delay.

B. The defendant's actual defendant's assertion is the defendant's child E.

E, around December 2018, in the course of reorganization of defendant M&A, paid all the unpaid prices of goods to the trading enterprises including the plaintiff.

2. According to the evidence evidence No. 2, the total transaction amount recorded in each transaction statement of “C” prepared by Defendant Mart as the opposite contractual party from October 26, 2018 to November 12, 2018 is recognized as constituting 1,701,00.

However, since the above transaction statement was unilaterally prepared by the Plaintiff, the evidence, including the above evidence No. 2, presented by the Plaintiff alone, is insufficient to recognize the existence of the unpaid goods price as alleged by the Plaintiff and the Defendant, and there is no other evidence to acknowledge it.

Therefore, we cannot accept the plaintiff's assertion.

3. The plaintiff's claim should be dismissed as it is reasonable.

The judgment of the court of first instance is unfair in conclusion with different conclusions, and thus, the defendant's appeal is accepted, and the judgment of the court of first instance is revoked and the plaintiff's claim is dismissed.

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