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(영문) 의정부지방법원 2017.12.15 2016나53399
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. Basic facts

A. The Plaintiff is a person who engages in the wholesale business of clothing subsidiary materials in the trade name of “C”, and the Defendant is a person who engages in the manufacturing business of salarying and processing in the trade name of “D”.

B. The Defendant entered into a contract with ENS Co., Ltd. (hereinafter “NNS”) on September 4, 201 to supply KRW 22,00 in a unit price of KRW 300,00 in total, KRW 88,000. Of the above purchase price, the advance payment of KRW 26.4 million was made September 12, 2014; the intermediate payment of KRW 17.6 million was paid on October 10, 2014; ② the remainder of KRW 44 million was paid on November 10, 2014; ② the amount of KRW 300,300 in a unit price of KRW 27,50 in total; and the intermediate payment of KRW 305,00 in total was paid on September 26, 2014; and KRW 300,301 in an advance payment of KRW 400,000 in total; and the remainder of KRW 15,200,304.7.201.

(hereinafter collectively referred to as “instant clothing supply contract”

From September 19, 2014 to October 2, 2014, the Plaintiff supplied subsidiary materials, such as 18,640,336 won in relation to the instant clothing supply contract.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff supplied the above 18,640,336 won as clothing material according to the goods supply contract with the Defendant. At least, the Plaintiff entered into a contract with E, the Defendant’s agent for the supply of the above goods.

B. The Plaintiff supplied clothing materials according to the contract with the Defendant, and the Defendant did not conclude a contract for the supply of goods with the Plaintiff, and E is not the Defendant’s agent.

3. The fact that there is no dispute over the cause of the claim, Gap evidence 1 to 10, Eul evidence 2 to 5 (including branch numbers), the testimony of the witness F of the trial court, and the purport of the whole pleadings are recognized.

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