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(영문) 인천지방법원 2019.01.10 2018나61331
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. The Plaintiff is a company that engages in the wholesale and retail business of chemical medicine, and the Defendant is a company that engages in metal heat treatment business, etc.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Obligation to pay the price of goods;

A. The parties’ assertion asserts that the Plaintiff is obligated to pay to the Plaintiff the amount calculated at the statutory interest rate from September 28, 2017 to the date of full payment, as the Plaintiff supplied the Defendant with the chemical drugs, such as India, from October 31, 2016 to July 31, 2017.

On the other hand, the defendant asserts that he was supplied with chemical drugs, such as human acid, from E, and did not trade goods with the plaintiff.

B. In light of the following circumstances, it is insufficient to acknowledge that the Plaintiff supplied chemical substances to the Defendant solely with the entries in the evidence Nos. 3 and 12, 2, and 3-1 through 101, 4-1 through 9, 5-1 through 8, and 6 of the evidence Nos. 4-1, 5-1 through 6, the Plaintiff’s assertion is without merit, since there is no other evidence to acknowledge that the Plaintiff supplied chemical substances to the Defendant.

① From October 31, 2016 to July 31, 2016, E engaging in wholesale and retail business of chemical drugs: (a) supplied the Defendant with chemical drugs, such as India, and (b) signed by the Defendant’s employees in the specifications of the transaction (Evidence B-1 to 101) and issued a tax invoice stating the Defendant in the “supplier” column of the tax invoice as listed below; (c) issued the tax invoice by entering the Defendant in the “supplier” column of the supplier; and (d) on the other hand, on October 10, 31, 197, 352 E, Defendant 10, 197, 352, Defendant 252, Defendant 18, 2016, Defendant 16, 2018, 36, 18, 206, 16, 208, 16, 18, 206, 16, 28, 2016

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