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(영문) 서울북부지방법원 2016.04.12 2015나3592
물품대금
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. Basic facts

A. The Plaintiff, a printing company in Jung-gu, Seoul, had been engaged in printing business, and D, which had been located in the Plaintiff’s office from April 2013 to April 2014, upon receiving a request from the Plaintiff’s business entity for the production of printed materials from the Plaintiff, completed the printing work and then supplied the completed printed materials to the Plaintiff through another business entity, the Plaintiff issued a tax invoice under the Plaintiff’s name.

B. Around September 1, 2013, the Defendant, who runs a business, including advertising design, with the trade name of “E, requested D to produce printed materials. A series of processes was consulted with D to receive written estimates, receive and confirm data, provide a printing schedule, print, and then process and deliver printed materials requested by the Defendant. D completed the printing work of printed materials from the Defendant to the Plaintiff, and then delivered the completed printed materials to the Defendant.

C. In the process, the Defendant paid 2.3 million won out of the production price of 4,600,200,000 on October 1, 2013 to D. On November 1, 2013, the Defendant deposited 2.6 million won in the account in the name of the Plaintiff designated by D, including the remaining price of 2,300,200 won.

On the other hand, the Plaintiff issued a tax invoice for the above printed materials to the Defendant on September 1, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Gap evidence 4-1 to 3, Eul evidence 1, 3, 4, and 8, witness D's testimony and the purport of the whole pleadings

2. The assertion and judgment

A. 1) The plaintiff asserts that the defendant should pay 2,30,200 won unpaid out of the amount of 4,600,200 won to the plaintiff, since the plaintiff entered into a contract for the production and supply of the above printed materials directly with the defendant with the introduction of D, and only the introduction of D, did not confer the power to represent the above contract for the production and supply of printed materials. 2) The defendant requested the plaintiff to produce the above printed materials.

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