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(영문) 전주지방법원 2020.10.14 2019나8125
물품대금
Text

The part against the defendant in the judgment of the first instance shall be revoked.

The plaintiff's claim as to the above cancellation is dismissed.

(b) actions;

Reasons

1. The Plaintiff’s assertion is a corporate body with the main purpose of manufacturing metal materials, etc., and concluded an agreement with the Defendant on credit sales, etc., and supplied construction materials and other goods to the site of “Creinteive concrete construction work”.

On July 2, 2018, the Plaintiff issued a tax invoice (Evidence 2) to the Defendant on July 2, 2018, and the Defendant prepared and delivered to the Plaintiff a material payment note (Evidence 1) stating that the payment would be made between July 15, 2018 and July 20, 2018.

Accordingly, the defendant seeks payment of the amount stated in the purport of the claim to the plaintiff.

2. Although there is no dispute between the parties that the name of the defendant representative director, who appears as the main ground for the claim in this case, after the defendant representative director Gap's certificate No. 1 (procing the payment of materials), was affixed with the defendant's seal, it can be acknowledged that D affix the defendant's seal to the defendant's seal No. 1 (procing the payment of materials) in full view of the entries in No. 2 and the testimony of the first instance court witness D, and that D affix the defendant's seal to the defendant's seal to the witness No. 1 (procing the payment of materials). There is no evidence to prove that D affix the above seal to this case's legitimate title, and that D affix the defendant's seal to the defendant's seal as the defendant's comprehensive agent. However, according to the statement of No. 2 and the testimony of the first instance court witness, D affix the defendant's explanation that D affix the defendant's seal to the goods after the defendant's implied declaration of its intention to be delivered to the plaintiff's actual agent.

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