beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Determination as to the cause of claim
A. The parties asserted that from February 2, 2014 to July 2, 2014, the Plaintiff supplied (hereinafter “instant supply” or “the instant transaction”) goods equivalent to KRW 74,941,861 to the Defendant Company at the request of the co-Defendant A, a co-defendant of the first instance court, who is an employee of the Defendant (hereinafter “instant goods”), and that the Defendant was not paid KRW 65,328,862 out of the price, and thus, the Defendant is obligated to pay the said goods price (hereinafter “the instant goods price”) to the Plaintiff.
As to this, the Defendant: (a) paid all the goods supplied by the Plaintiff; (b) the transaction of this case was conducted between the Plaintiff and the “C” operated by the Plaintiff; and (c) the Defendant did not have the obligation to pay the goods of this case; and (b) even if the Defendant had the obligation to pay the goods of this case to the Defendant, the Plaintiff already exempted the Defendant from the Defendant’s obligation,
B. Determination 1) Gap's 3, 6, 9, 10 (including partial numbers), and Gap's 3, 6, 9, and 10 (The plaintiff supplied fiberss to the defendant from January 2010. In addition to the direct supply to the defendant, as designated by the defendant, the defendant's subcontractor is also supplied to D, E, F, G, H, I, J, and K. The defendant's subcontractor's request for delivery prepared and kept by the plaintiff, trade account books, and so on include the specific date, quantity, items, and warehouse of the transaction of this case. The defendant's subcontractor, I, E, andK, as the defendant's subcontractor, have prepared a certificate of acceptance and issued it to the plaintiff.
On the other hand, the plaintiff and the defendant have consistently transacted since January 2010. The defendant's refusal to settle the price of goods does not conflict between the parties, and the facts of Gap evidence No. 11, No. 2, No. 3, and No. 2.