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(영문) 인천지방법원 2016.11.02 2015가단70128
물품대금
Text

1. The Defendant’s KRW 37,675,00 for the Plaintiff and KRW 5% per annum from January 15, 2016 to November 2, 2016.

Reasons

1. The following facts are recognized in full view of Gap evidence Nos. 1, 2, 4, 6, and 7 (including paper numbers; hereinafter the same shall apply) and the purport of the entire pleadings:

A. From September 2014, the Plaintiff traded with the Defendant by completing drawings of electronic circuits, etc. at the Defendant’s request, making samples, and delivering goods to the Defendant.

B. The Plaintiff’s person in charge of the transaction was the head of C, and the Defendant’s person in charge of the transaction was the director of D. They exchanged drawings and estimates through electronic mail, consulted opinions, produced and supplied goods, and settled the price.

C. On January 13, 2015, the Defendant’s D director sent e-mail to the Vice-Chairperson C, “FPCB 40,000 U.S., and LED PCB 40,000 U.S.C. e-mail with the content that “FPCB 40,000 U.S.C., and LED PCB 40,000 U.S.C., the location of the location of the location of the fourth floor, and sub-specifics, during the payment period, 2 U.S. 2 U.S. is most rapid.”

Accordingly, the Plaintiff produced 10,00 PCB 10,400 PCB 30,000 PCB , 580 PCB 40,000 , 160 , 40,000 , 40,000 , 50 , 50 per unit price , ESDB 40,000 , and ESDB PCB , 1,300 ,00 ,00 , respectively.

E. The plaintiff demanded the defendant to accept the above goods while keeping them, but the defendant refuses to accept the above goods on the ground that the order was not issued regularly.

2. Comprehensively taking account of the above facts found in the judgment below, D directors seem to constitute an employee who has been delegated by the defendant to conduct transactions with the Plaintiff and constitutes an employee who has a partial comprehensive power of attorney under Article 15 of the Commercial Act.

In addition, the e-mail of the directors of D on January 13, 2015 constitutes a contractual offer, and it is determined that the contract between the plaintiff and the defendant is concluded with the defendant's consent.

In addition, the defendant receives goods.

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