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(영문) 대전지방법원 2015.06.03 2014가단7213

물품대금

Text

1. The defendant shall pay 32,00,000 won to the plaintiff and 20% per annum from March 4, 2014 to the day of complete payment.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion as to the cause of the claim entered into a contract with B, a field agent of the Defendant, to supply landscaping trees necessary for the landscaping construction (hereinafter “instant landscaping construction”) among the new construction works of C Elementary School Teachers (hereinafter “instant landscaping construction”) and supplied the Defendant with landscaping trees of KRW 57 million. The Plaintiff additionally supplied landscaping trees of KRW 10 million for the Defendant’s defect repair construction works due to the landscape trees.

However, the Plaintiff received only KRW 35 million out of the price of the above goods from the present residents Construction Co., Ltd. (hereinafter “former residents Construction”), which is the original contractor. Therefore, the Defendant is obligated to pay the Plaintiff the remaining price of KRW 32 million (=67 million - 35 million).

B. The defendant's assertion does not have concluded a contract for the supply of landscaping trees with the plaintiff, and Eul is only one of the business operators who perform landscaping construction works by sub-subcontracting from the defendant, and is not the defendant's on-site agent, and there is no fact that the defendant has granted the right of representation to B concerning the

2. recognised facts;

A. On September 13, 2012, the construction entered into a subcontract with the Defendant for the instant landscaping works, and on November 9, 2012, with respect to the block package works among the new construction works of C Elementary School Teachers, and on November 9, 2012, B entered into a subcontract with the Plaintiff’s counterpart on behalf of the Defendant.

B. On September 13, 2012 and November 9, 2012, 2012, B submitted a field agent appointment system stating that “The Defendant shall select B as the field agent.” The two appointments are written in the name of the Corporation where B will serve as the field agent.

C. B supervised and supervises landscaping and block packaging construction at the instant construction site, and the Plaintiff was requested from B to supply necessary landscaping trees. From November 30, 2012 to December 20, 2012, the Plaintiff only KRW 57 million.