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(영문) 서울중앙지방법원 2020.06.04 2019가단5227711
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff seeking payment of the said money and interest in arrears with the court’s 2019 Ghana13792, arguing that the Plaintiff continued to supply the clothes to the Plaintiff, which engaged in the clothing wholesale business, with the trade name of “C,” and that the goods amounting to KRW 9,719,850 as of May 10, 2019 were not paid.

B. Accordingly, this Court made a decision on performance recommendation, and the above decision on performance recommendation was finalized as it is.

[Ground for recognition] Unsatisfy

2. The assertion and judgment

A. The Plaintiff’s assertion that he was supplied with the instant clothes from the Defendant is that he operates the clothes shop in the name of “D” rather than the Plaintiff.

Therefore, since the Plaintiff does not bear the obligation to pay the instant goods, compulsory execution based on the decision on performance recommendation of this case shall be dismissed.

B. In full view of the overall purport of the pleadings in each statement of evidence Nos. 1 to 18 (including each number), it can be recognized that the person who received the attachment of the instant clothes from the Defendant is the Plaintiff.

3. The plaintiff's claim for the conclusion is dismissed as it is without merit.

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