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(영문) 청주지방법원충주지원 2016.08.18 2015가단7780

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. A. Around February 2015, the Plaintiff entered into a logistics center operation agreement with C (hereinafter “instant operating agreement”) stating that “C is engaged in business activities on the basis of the price of the goods presented by the Plaintiff, and that “C is paid 10% of the input amount in the event that the price of the goods is deposited after the delivery is completed, upon receipt by C as awarded by C, and that “C is awarded by the Plaintiff, and the processed glass products produced and supplied by the Plaintiff are directly issued to the ordering entity, and that “C is exclusively in charge of the collection business” (hereinafter “instant operating agreement”).

B. From March 2015 to April 2015, the Defendant requested C to supply reinforced glass and double-story products to be used at the construction site. The Plaintiff supplied the Defendant with the above glass products worth KRW 20,767,073 via C.

(hereinafter referred to as the “instant contract”), . [Grounds for recognition] of no dispute, entry in Gap evidence 2 through 4, and 6, and the purport of the entire pleadings.

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion 1) Since the instant contract was concluded between the Plaintiff and the Defendant through C by proxy the Plaintiff pursuant to the instant operational contract, the Defendant is obligated to pay the goods price to the Plaintiff. 2) At the time of the instant contract, the Defendant was aware of the fact that the instant operating contract was concluded, and the Defendant completed the final return of value-added tax in accordance with the tax invoice

3 The instant contract constitutes a consignment sale contract, and in the case of consignment sale, the right to claim the sale proceeds belongs to the consignee, and is not a preliminary one.

Even if the plaintiff has a claim for the purchase price of goods equivalent to the glass product supplied by the plaintiff against C, C has a claim for the purchase price of goods under the contract of this case, and both claims are deemed to be closely related to the same claim and need for preservation.