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(영문) 의정부지방법원고양지원 2015.10.21 2015가단10472
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Since the Plaintiff supplied the product to the Defendant from July 5, 2014 to November 24, 2014, the Plaintiff sought a payment of KRW 35,350,000 for the amount of goods.

According to the evidence evidence Nos. 1 and 2, it is recognized that the defendant was the representative on the business registration certificate of "C", and that the plaintiff supplied the product equivalent to KRW 35,350,000 to "C" from July 5, 2014 to November 24, 2014.

However, in full view of the facts without dispute, Gap evidence Nos. 1 and Eul evidence Nos. 1 and the purport of the whole pleadings, the defendant jointly operated D and "C" with D, but from May 26, 2014, D was operated solely from May 26, 2014, the plaintiff was aware that D was operating "C" solely from May 26, 2014, and the details of transactions made after May 26, 2014 were signed by D and its employees. In light of this, the above facts of recognition alone are insufficient to recognize that the plaintiff supplied products to the defendant, and there is no other evidence to prove otherwise.

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

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