(영문) 인천지방법원부천지원 2019.07.10 2018가단14382



1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 44,993,630 as well as its interest rate from November 30, 2018 to the date of full payment.


1. Basic facts

A. The Plaintiff is a person who runs a wholesale and retail business of construction materials, and Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company engaged in the business of aesthetic, waterproof, and cooking, etc., and Defendant C is a representative director of the Defendant Company.

B. Around July and August 2018, Defendant Company received construction materials from the Plaintiff from the construction site located in the city of Nam, and the price for the goods under the tax invoice issued by the Plaintiff is KRW 64,531,720 in total.

C. On August 31, 2018, Defendant Company repaid KRW 14,038,090 out of the price of the goods to the Plaintiff.

On the other hand, according to an agreement with the defendant company, the plaintiff shall reduce the amount of KRW 5,500,000 out of the price of the goods of this case by the method of return and disposal, and on October 31, 2018, the plaintiff issued a marina tax invoice equivalent to the above amount.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Summary of the parties' arguments

A. The plaintiff's assertion that the defendant company used only 14,038,090 won out of the price of the goods in this case, returned equivalent to 5,50,000 won, and did not repay 44,93,630 won (=64,531,720 won-14,038,090 won-5,500 won) which is the balance. Thus, the defendant company sought payment of the price of the goods in this case.

In addition, the defendant C promised to be liable for the above payment obligation of the defendant C, and the defendant C is also liable for the payment jointly with the defendant company, since the defendant company is operated as the individual company of the defendant C.

B. Although the Defendant Company’s assertion of the Defendants did not comply with the fact that the Defendant Company received goods from the Plaintiff, the Defendant Company later filed a claim for the amount calculated at a price higher than the amount already supplied by the Plaintiff, as it later knew.

Since the price of goods for which the plaintiff seeks payment is very high compared to the general supply price, the defendant company cannot respond to the plaintiff's claim.

3. Determination

A. Claim against the Defendant Company (1)