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(영문) 부산지방법원 2016.06.14 2016가단7711
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The assertion and judgment

A. From October 17, 2014 to January 17, 2015, the Plaintiff asserted that: (a) supplied the Defendant with fishery products, such as bio-abrication, etc.; and (b) was not paid KRW 30,981,654 from the Defendant; and (c) the Defendant is obligated to pay the Plaintiff the price for the goods unpaid, KRW 30,981,654, and damages for delay.

B. Therefore, according to the reasoning of the judgment of the court below, the following facts are acknowledged: (a) the wholesale and retail business of fishery products in the name of “D” located in Seo-gu Busan, Seo-gu, Busan, has completed business registration in the future of the defendant; and (b) the money was transferred from the account opened in the name of the plaintiff to the account opened in the name of the plaintiff through several times from October 17 to February 3, 2015.

However, as to whether the Defendant was supplied with fishery products from the Plaintiff as the actual operator of the above “D”, it is insufficient to recognize the above only by the descriptions of “A” 1 and 4, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s above assertion is without merit.

2. It is so decided as per Disposition because the plaintiff's claim is without merit.

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