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(영문) 전주지방법원 2013.08.20 2012가단18405
물품대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

The Plaintiff is a corporation established for the purpose of wholesale and retail business of sanitary accessories. From around February 2011 to February 2012, 201, the Plaintiff sold goods equivalent to KRW 107,741,650 in total to the Defendant A, a seller of the same trade name from Daejeon-gu, Daejeon-dong to February 3, 201, and was paid KRW 32,00,000 among them, and was not paid KRW 75,741,650 from the above Defendant. The Defendant B transferred the above D from the Defendant around February 2012 and used its trade name as it is. Accordingly, the Defendant B is the purchaser of the above goods, and the Defendant B is jointly and severally liable to pay the amount of KRW 75,741,650, and its delay damages.

In light of the following facts: (a) around February 2012, Defendant B received the above D and used the trade name as it is from Defendant A; (b) there is no dispute between the parties; (c) the Plaintiff’s respective suppliers of the evidence Nos. 1-1-1-1-1-1-1-2 (each statement of transaction statement) are indicated E, not the Plaintiff; and (d) even if the Plaintiff is indicated on each supplier’s column of the evidence Nos. 1-1-2-57 (each statement of transaction statement), the Plaintiff did not sign or affix the name or affix the Defendants’ name to each acquirer’s column; (b) in light of the evidence and witness F’s testimony, it is insufficient to recognize that the Plaintiff’s price for goods supplied and received by the Plaintiff to Defendant A was 75,741,650 won, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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