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(영문) 대법원 2016. 10. 13. 선고 2016두45196 판결
원고가 선의의 거래당사자에 해당하는지 여부[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2015Nu63083 (Seoul High Court 2016.06.22)

Case Number of the previous trial

early 2014 Heavy2787 ( November 20, 2014)

Title

Whether the Plaintiff constitutes a trade party in good faith

Summary

The plaintiff was well aware of the distribution channel of the complex and diverse steel industry, and was engaged in a large amount of transactions with the purchasing agency several times, and did not keep the ledger of receipts and disbursements of goods, etc., and it is difficult to regard the plaintiff as a bona fide trading partner who has fulfilled his duty of care as a good manager in light of on-site verification of the purchasing agency.

Cases

Supreme Court Decision 2016Du45196

Plaintiff-Appellant

가ㅇㅇㅇ철강

Defendant-Appellee

ㅇㅇ세무서장

Judgment of the lower court

Seoul High Court Decision 2015Nu63083 Decided June 22, 2016

Imposition of Judgment

October 13, 2016

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the assertion on the grounds of appeal by the appellant falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal and therefore, the appeal is dismissed under Article 5 of the Act. It is so decided as per Disposition

October 13, 2016

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