beta
(영문) 수원지방법원성남지원 2020.09.09 2019가단215257

물품대금

Text

The defendant's KRW 15,09,285 to the plaintiff and 6% per annum from May 1, 2019 to September 9, 2020 to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the imported automobile parts sales business, etc., and the Defendant is a company that runs the automobile maintenance business.

B. The Plaintiff supplied the automobile parts upon receiving an order from Nonparty C, D, and E, which was registered as the employee of the Defendant from January 2017 to March 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 4, 6 through 10, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The parties' assertion that the plaintiff supplied the automobile parts to the defendant according to the order of C and D, which are the defendant's employees, the defendant is liable to pay the price for the goods to the plaintiff as the party to the goods supply contract of this case, and even if family C is not the defendant's employee, the defendant shall be deemed to have indicated C the granting of authority to conclude the contract by using the defendant's name in the transaction relation with the plaintiff

As to this, the defendant asserts that C was the president of so-called defendant's lawsuit and performed independently with the defendant, and since the transaction claimed by the plaintiff is only personal transaction day between C and the plaintiff, the defendant does not have the obligation to pay the price for the goods to the plaintiff.

B. According to the reasoning of the whole pleadings, in light of whether the Defendant’s liability for the payment of the goods was recognized or not, as indicated in the evidence Nos. 1 through 3, it is reasonable to view that if the Plaintiff supplies the parts ordered by the Defendant’s employee C to the Plaintiff, the transaction was made by the Defendant in the manner of paying the goods.

Even if the relationship between the defendant and C is not an employment relationship but merely an independent company operated by C as president, C is an external employee of the defendant, and the defendant permits C to recover from his own employee and make transactions with the plaintiff using the defendant's name, and the defendant permits the plaintiff to do so.