beta
(영문) 부산지방법원 2016.07.08 2015나49429

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. Basic facts

A. The Plaintiff is a business entity selling high-pressure gas necessary for the Corporation with the trade name B, and the Defendant is a business entity engaging in construction civil engineering works.

B. From July 2014 to November 201 of the same year, the Plaintiff supplied high-pressure gas equivalent to KRW 3,950,500 (including value-added tax) to the construction site for the production of steel tower among the captain C works performed by the Defendant (hereinafter “instant construction site”).

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence (including numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff supplied high-pressure gas at the construction site of this case at the Defendant’s request, thereby seeking payment of KRW 2,927,600 for the unpaid gas price.

B. The defendant did not trade high-pressure gas with the plaintiff, and the gas price (2,927,600 won for November 3, 199) claimed by the plaintiff was generated as a transaction between D and the plaintiff, which is the defendant's subcontractor, and the defendant has no obligation to pay the gas price to the plaintiff.

3. The Plaintiff visited at the construction site of this case at the request of the instant D, and thereafter, the fact that the Plaintiff supplied high-pressure gas according to the orders of the head of the working group or the field workers at the construction site of this case does not conflict between the parties, and according to the overall purport of each fact inquiry as to Gap's evidence 1, 2, Eul's evidence 1, 2, Eul's evidence 1, and 2, and the results of the fact inquiry and the whole pleadings, according to the whole purport of the argument, the Defendant: the Plaintiff was the Plaintiff on August 18, 2014; and the same year.

9.3. 823,300 won was remitted, and the Plaintiff issued an electronic tax invoice (the Defendant stated as the recipient) to the effect that the Plaintiff supplied high-pressure gas equivalent to KRW 479,60 on September 1, 2014, KRW 479,60 on October 479, 2014, and KRW 598,400 on November 5, 2014, and the Defendant did not have any particular objection during that period. Meanwhile, the Defendant ordered D to install steel tower production around July 11, 2014 and ordered D to do so.