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(영문) 전주지방법원군산지원 2017.09.26 2016가단56620
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Plaintiff’s assertion

On April 1, 2016, the Defendant ordered ELD goods equivalent to KRW 200,173,095 to the Plaintiff. The Plaintiff supplied goods equivalent to KRW 114,731,980 in total to the Plaintiff on May 27, 2016 and September 1, 2016. The Defendant is obligated to pay the price for the goods and the delayed payment thereof to the Plaintiff.

Judgment

According to the statement in Gap evidence Nos. 1, 2, and 4 (including the number of branches), each of the following facts is acknowledged: (a) the defendant's order form was made under the name of the defendant to place an order for the plaintiff with an amount equivalent to 200,173,095 won of ELD-registered goods, such as Round and Round (hereinafter "the order form in this case"); (b) the defendant delivered ELD-registered goods, such as Round, to the plaintiff on May 27, 2016, and delivered the price to the plaintiff; and (c) the consignee of the transaction statement to the effect that the price is equivalent to 80,791,480 won, and signed on June 17, 2016; and (c) the defendant prepared a trade list with an order amount of KRW 33,940,500 of ELD-registered goods, and (d) the defendant prepared an order form for the entire testimony or sale of the goods in this case under consideration of the following evidence No. 3.

Therefore, pursuant to the instant order, the Plaintiff and the Defendant cannot be deemed to have concluded a contract for the supply of ELD goods, and the evidence submitted by the remaining Plaintiff alone is insufficient to acknowledge the fact that the said contract was concluded, and there is no other evidence to acknowledge this otherwise.

The supply contract for the instant ELD products was concluded.

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