물품대금
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Facts of recognition;
A. The Plaintiff is a company engaged in the manufacture and sale business, construction materials manufacturing business, etc., and the Defendant is a company engaged in construction business, etc.
B. Around July 2014, the Plaintiff supplied materials necessary for “C” construction works performed by the Defendant to the Defendant, and on July 31, 2014, issued a tax invoice of KRW 56,320,00 (=51,200,000 (value-added tax) (value-added tax) for the supply of goods to be supplied to the Defendant.
【Ground for recognition】 Evidence No. 1, No. 1, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff received only KRW 300,000 from the Defendant for the supply of the instant goods, and did not receive the remainder of KRW 56,020,000.
Therefore, the defendant is obliged to pay the remaining price of delivered goods to the plaintiff KRW 56,020,000 and damages for delay.
B. It is true that Defendant (1) received materials equivalent to the price of supply of this case from the Plaintiff around July 2014 in relation to “C” construction work.
(2) However, between the Plaintiff and the Plaintiff, D Co., Ltd. (hereinafter “Nonindicted Company”) agreed on the payment of the price of the instant supply from the Defendant on behalf of the Plaintiff, and according to such agreement, the Defendant paid the full amount of the price of the instant supply to the Nonparty Company on September 1, 2014.
Therefore, the price of delivered goods of this case was extinguished by repayment.
(3) The non-party company and the plaintiff did not have such agreement.
Even if the plaintiff's claim for the delivered goods of this case against the defendant was terminated by the expiration of the statute of limitations.
3. Determination
A. According to the evidence No. 1, it is recognized that the Defendant paid KRW 56,320,000, which is equivalent to the price of supply of this case, to the non-party company on September 1, 2014.
However, between the non-party company and the plaintiff.