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(영문) 수원지방법원 2018.05.17 2017나7214
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. Determination as to the cause of claim

A. The parties’ assertion asserts that since the Plaintiff entered into a contract with the Defendant for the supply of parts such as reading, etc., and provided the Defendant with parts equivalent to KRW 10,638,291, the Plaintiff should receive the price of goods equivalent to the above amount.

In regard to this, the Defendant concluded a contract for goods supply with Tae-Sa Co., Ltd., other than the Plaintiff (hereinafter “ Tae-Saeun”) and the Tae-Saun ordered the Plaintiff to pay the goods directly to the Plaintiff. Thus, the Defendant asserted that the Defendant did not have any obligation to pay the goods directly to the

B. Determination 1) In light of the following facts and circumstances, which can be acknowledged by comprehensively considering the purport of Gap evidence 1, Gap evidence 2-1 through 14-14 and the testimony of party witness C, the plaintiff entered into a contract for goods supply with the defendant, which he/she became aware of through the introduction of Eul, and around the date indicated in the transaction list, the pertinent goods were supplied to the defendant. The items stated in Eul evidence 1-1 through 3, Eul evidence 2, and 3 are not interfered with the above recognition. ① The plaintiff is engaged in metal processing business with the trade name of "D," and the defendant is engaged in the manufacturing business with the trade name of "E." ② The plaintiff is in custody of 13 times from March 3, 2015 to April 10, 2015, and the statement of the business operator's title (Evidence 2-1 to 13 of the above evidence No. 2) as a substitute for the plaintiff's reading certificate No. 2, but it is deemed that the above statement of acceptance No. 13 is replaced with the plaintiff's. 1.

4. The witness C of the trial shall be 'E company F.

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