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(영문) 광주지방법원 2015.07.23 2015가단9269
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff asserts that there exists a claim for the amount of money equivalent to KRW 27,710,000,000 as of November 15, 2013 by the supply of the ridge, etc. to the Defendant, and that there is a claim for the amount of money equivalent to KRW 29,110,000 in total by the supply at the Defendant’s request on June 2014.

In this regard, the evidence presented by the Plaintiff alone is insufficient to recognize the Defendant as the counterpart to the transaction with the Plaintiff, and there is no other evidence to acknowledge this otherwise.

[In addition, according to the part of Gap evidence Nos. 1 (Transaction Book), submitted by the plaintiff, only the fact that the above Eul confirmed and signed the balance. Accordingly, the plaintiff asserted that himself was involved in the transaction with D, not the plaintiff. Thus, the defendant ultimately continues to use the trade name that D had been used by acquiring the business from D, and therefore, the defendant asserts that he was liable to pay the plaintiff the price of the goods stated in the purport of the claim.

However, there is no evidence to prove that the Plaintiff had a business transfer on the premise of mutual tolerance between the Defendant and D solely by the evidence of internal concern.

Therefore, we cannot accept all the plaintiff's argument.

Thus, the plaintiff's claim of this case is dismissed as it is without merit.

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