물품대금 등
1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, ordering the Defendant (Counterclaim Plaintiff) to pay the following:
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. The reasoning for the court’s explanation on this part of the basic facts is as follows, and this part of the judgment of the court of first instance is identical to that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure
At the bottom of the 2nd part, the 7th and 6th "necessary Trown, knife lecture, columns, roof board, etc." shall be "at the bottom of the 2nd part, such as Tracks, knife lecture, columns, roof board, etc. which are necessary used materials."
From the second place, the fifth place “this case’s sales contract” (hereinafter “this case’s sales contract”) is called “(hereinafter “this case’s sales contract”) and the price under the above sales contract is called “the sales price of this case”.
On the other hand, "On the other hand, F, after being awarded a construction contract with the defendant for the original livestock shed of this case, completed the original livestock shed of this case using materials supplied by the plaintiff."
[Ground of recognition] The facts without dispute, Gap evidence 3, Eul evidence 6 through 11 (including paper numbers), Eul evidence 5, the video of the first instance trial witness F, G testimony and the purport of the whole pleadings
2. The defendant, as the representative of Nonparty D, has standing to sue the main lawsuit of this case, and the main lawsuit of this case filed by the plaintiff is unlawful as the lawsuit filed by the non-party D.
On the other hand, the defendant's defense is not reasonable in itself, since the plaintiff's standing to sue is not required to be the person who claims the plaintiff's right to demand performance.
3. Determination as to the claim on the principal lawsuit
A. The Plaintiff’s assertion 1) The sales amount of the instant case increased to KRW 79,940,000 from the first 70,000 (excluding value-added tax) to KRW 16,472,00 in relation to the goods additionally supplied by the Plaintiff (=the sales amount of KRW 11,672,00 in transportation cost of KRW 4,800 in transportation cost of KRW 11,672,00 in total), and the additional cost of KRW 4,800 in total was paid.