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(영문) 광주지방법원 2020.02.14 2018가단525649
물품대금
Text

1. Defendant D’s KRW 42,480,00 and 6% per annum from February 11, 2016 to February 14, 2020, respectively, to the Plaintiff.

Reasons

(B) Defendant C and B’s assertion merely lent the passbook account to Defendant D, and Defendant B is merely a representative on L’s business registration certificate, and is not a party to the instant contract, and is not a party to the instant contract, and thus is not liable to the Plaintiff. Defendant C and B’s assertion is merely a party to the instant contract. The Plaintiff is not a party to the instant contract.

B. Determination 1) The following circumstances are revealed: (a) Defendant D sent e-mail to the Plaintiff on November 10, 2015, stating that “1.M. 80km * US$ 2,100 + US$ 168,000”; and (b) Defendant D sent e-mail to the Plaintiff on December 20, 2015, which read “1. M. 80km * 2,100 U.S. dollars + 168,000 dollars”; and (c) Defendant D sent e-mail to the Plaintiff on December 20, 2015, calculated at US$ 2,150km as to the same order quantity as the Plaintiff on December 20, 2015 with an estimate of KRW 11,150.

2. G remittance is less than 30,000 bank information in the contract; ③ Defendant D did not send the “contract” mentioned in the above e-mail to the Plaintiff; Defendant D sent to the Plaintiff on the same day with an estimate invoice attached. The above estimate invoice contains Defendant D’s overseas account number (Unib Bank, Account Number M) and appears to substitute for the contract; ④ the Plaintiff appears to send the above preliminary estimate invoice on December 22, 2015; ④ as Defendant D’s demand, only the amount equivalent to USD 11,710,000 equivalent to USD 10,000 as Defendant C’s account on December 23, 2015.

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