beta
(영문) 인천지방법원 2016.08.09 2015가단25166

물품대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The non-party B contracted the said new construction work (hereinafter “instant new construction work”) to the non-party Small and Medium Enterprise Co., Ltd. in order to construct a new building on the land of the non-party C and one parcel in Pakistan.

B. After becoming aware of the instant new construction project through Nonparty D, the Plaintiff agreed to supply steel to the site of the said new construction project on October 2013 (hereinafter “instant contract”), and supplied steel to the site of the said new construction project.

C. Meanwhile, on October 16, 2013, the Plaintiff issued promissory notes (amounting to KRW 70,000,000) issued by B with respect to the price of the said goods, but did not receive the amount equivalent to the said amount due to the default on payment of the said promissory notes.

On April 30, 2014, the representative director of the company B and E shall be the Plaintiff at the Plaintiff’s request on April 30, 2014: (a) a promissory note stating that “the issuer: B and E; (b) the issuer: (c) the Plaintiff; (d) the date of issuance: April 30, 2014; and (e) the date of payment: August 15, 2014; (b) the sale price for the third floor of the above new construction: 70 million: the seller; (b) B and the buyer: the Plaintiff; (c) the Plaintiff shall prepare a sales contract for the said new construction price; and (c) the said sales contract shall be paid to the Plaintiff not for payment in kind; and (c) each of the above contracts shall be paid to the Plaintiff by 70 million won as the price for the goods; and (c) the Plaintiff shall be jointly and severally paid to the Plaintiff by 70 million won as the price for each sale contract.”

E. The Plaintiff shall pay for the above goods from Company B or E.