logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.02.11 2014나9001
매매대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. According to the reasoning of Gap evidence Nos. 1 and 2 as to the cause of the claim and the purport of the entire pleadings, it is recognized that the Plaintiff supplied the Defendant with ready-mixeds, etc. equivalent to KRW 1,890,000 (hereinafter “instant construction materials”) around July 31, 2013.

Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff KRW 1,890,000 for the construction materials of this case and damages for delay.

2. Judgment on the defendant's assertion

A. The defendant's assertion that he was supplied with the building materials of this case from the plaintiff is not the defendant who stolen the defendant's name. Thus, the defendant cannot respond to the plaintiff's claim.

B. In full view of the following circumstances, which are acknowledged by the respective descriptions of Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 and 1 and the purport of the whole pleadings, the evidence submitted by the defendant alone is insufficient to reverse the above fact-finding, and no other counter-proof exists.

Therefore, the defendant's above assertion is without merit.

1) In the process of supplying the instant building materials by stealing the Defendant’s name, there is no evidence supporting the Plaintiff’s receipt of the instant building materials. 2) The Plaintiff issued a tax invoice with the Defendant as the recipient, and the Defendant appears to have received the said tax invoice and filed a tax return.

3. The plaintiff's claim of this case is accepted on the grounds of its reasoning, and the judgment of the court of first instance is just with this conclusion. Thus, the defendant's appeal is dismissed as it is without merit.

arrow