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(영문) 서울중앙지방법원 2018.10.17 2018나22106
물품대금
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. Facts of recognition;

A. The Plaintiff is running a business such as plastic material wholesale business with the trade name of “C”, and the Defendant is running a gold-type business with the trade name of “D.”

B. On June 9, 2017, the Plaintiff prepared a trading list stating that plastic materials of the item “302IR” (hereinafter “instant one”) are supplied to the Defendant; on June 16, 2017, a trading list stating that the Plaintiff shall supply 1,500 kilograms of the instant one material to the Defendant; on June 23, 2017, a trading list stating that the Defendant shall supply 2,000 kilograms of the instant one material; and on June 23, 2017, an electronic tax invoice was issued to the Defendant based on the quantity and unit price of the instant one material as indicated in each of the respective trading statements.

C. On July 12, 2017, the Plaintiff: (a) on July 12, 2017, “GP-35” (hereinafter “instant 2 materials”) is the Defendant.

) 500km (1km unit price per 2,200 won.

2) The Plaintiff, the Defendant, and the 1210,000,000 won of the instant 2 materials listed in the said Schedule were issued in accordance with the volume and unit price of the instant 2 materials listed in the said Schedule. [Grounds for recognition] The same shall apply to the absence of dispute, the evidence A Nos. 1 and 2 (including the serial number, if any; hereinafter the same shall apply).

each entry, the purport of the whole pleading

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff entered into a sales contract for the instant materials 1, 2 with the same content as each electronic tax invoice issued by the Defendant, and that the Defendant should pay the Plaintiff the price of the goods for the instant materials 1, 2, and delay damages therefrom.

As to this, the defendant was supplied by the plaintiff with the 1 and 2 materials of this case, and the party to the sales contract for the 1 and 2 materials of this case is not the defendant.

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