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(영문) 수원지방법원평택지원 2020.07.21 2020가단51998
물품대금
Text

The plaintiff's claim is dismissed.

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

Reasons

1. From September 3, 2018 to November 21, 2018, the Plaintiff: (a) supplied goods equivalent to KRW 85,488,326 to C Co., Ltd. (hereinafter “C”); and (b) at the time, the Defendant agreed to pay for the goods to C.

Therefore, the Plaintiff seek payment of KRW 85,488,326 for the goods supplied to the Defendant C, and damages for delay.

2. According to the judgment of the court below, Gap evidence No. 2, the defendant issued a tax invoice for the goods supplied by Eul from the plaintiff to the plaintiff.

However, even if the evidence presented by the Plaintiff was neglected, it is insufficient to recognize the fact that the Defendant agreed to pay C’s obligation to the Plaintiff for the purchase price of goods, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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