logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.05.01 2018나1664
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. On July 25, 2016, the Plaintiff: (a) installed and supplied the instant product C (hereinafter “instant product”); (b) on the same day, D, the Defendant’s representative director, presented a transaction statement in which the total sum of supply values was KRW 16,416,070 from the Plaintiff; and (c) written his/her signature in the remarks column of the transaction statement; and (d) on May 8, 2017, the Plaintiff requested that the Defendant issue a tax invoice and pay the price of the goods to the Defendant, etc., without dispute between the parties or according to the evidence No. A. 2.

Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the price of KRW 16,416,070 for the goods and delay damages therefor.

2. Judgment on the defendant's assertion

A. Upon being introduced from the defendant's argument E that the product of this case is to be installed as a sampling, it is not directly purchased by the defendant for the purpose of use or sale, but in the defendant's workplace, it is installed in the defendant's workplace to publicize it. The plaintiff provided facilities and the cost of installation was borne by the defendant, and if sales occur due to good publicity, profit distribution was decided.

Since then, since the defendant's place of business was allowed to experience visitors who visited the defendant's place of business, but it was decided not to purchase the product because the efficacy is not proven, and on December 20, 2016, the above contents were delivered to the plaintiff and the removal of the product of this case was requested, so there is no obligation to pay the plaintiff the price of the product.

B. On July 25, 2016, the defendant's representative director D, who was supplied the product of this case from the plaintiff, signed "D" in the remarks column of the statement of transaction specifications presented by the plaintiff in the following circumstances, comprehensively taking into account the respective descriptions of Gap evidence Nos. 1 and Gap evidence Nos. 3, and the purport of the whole arguments. The value of supply, including value-added tax, is the value immediately next to D's signature.

arrow