자동차인도 등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 15, 2005, the Plaintiff, as its owner, destroyed or damaged a bus listed in the separate sheet (hereinafter “the bus in this case”) that was operated by Korea Korea but by entering a tourism. On November 8, 2005, upon requesting the Defendant to repair the bus, the Plaintiff agreed that the parts necessary for the repair are supplied by parts of the trade name “C” operated by the Plaintiff, and the Plaintiff shall be paid directly to B.
B. B, upon receiving an agreement from the Defendant to be liable for the payment of the Plaintiff’s parts, at the request of the Plaintiff or the Defendant, supplied approximately KRW 6,79,900 of the parts at the Defendant’s Defendant’s business place, which was conducting repair work of the bus, under the Plaintiff’s supervision or direction, not later than November 30, 2005, and made up for the amount of KRW 6,799,900 of the parts at the Plaintiff’s request during the supply of parts, and made up for the amount after modifying the estimate every time.
C. On November 30, 2005, the Defendant received delegation from B of collection of the above part payment claim against the Plaintiff, and on December 2, 2005, after completion of repair of the above bus, the Defendant determined the repair cost of KRW 7.5 million, excluding the part payment, on the agreement with the Plaintiff, and the amount of KRW 6 million among them was paid at that place, and the remainder of KRW 1.5 million was paid until April 30, 2006.
On the other hand, on December 2, 2005, C’s employees D agreed with the Plaintiff to reduce the price of the parts as KRW 6 million. At the time of the agreement, the Plaintiff refused the above proposal on the ground that D would pay the remainder to D in its job and would not trust the Plaintiff.
The Plaintiff intended to deliver a bus delivered from the Defendant without paying the price for the part reduced to B. However, the Defendant from that time to that time does not pay the Plaintiff’s repair cost and the cost for the part (hereinafter “repair cost, etc.”).