매매대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
3. The purport of the judgment of the court of first instance is to be stated.
1. The Plaintiff, upon determining the cause of the claim, supplied C with timber necessary for the construction of a new wooden house to C who entered into a contract for the construction of a new wooden house with the Defendant. At the time of the said contract, the Defendant agreed to pay C insufficient wood structure materials to C, the owner of the building. The Plaintiff’s explanation from D who introduced C to C that the Defendant, the owner of the building, would directly pay the wood price, and provided C with timber. Thus, the Defendant is obligated to pay C the unpaid timber price and the delay compensation therefor.
According to the evidence No. 2, although the contract form for the construction of a wooden house concluded with the Defendant with C states “materials to be paid to the owner of the building in the event of a shortage of wood materials,” it is interpreted that the Defendant would supply C the materials necessary for the instant wooden house construction, it cannot be interpreted to mean that the Defendant would directly pay the materials to the third party who entered into the contract for the supply of the materials, apart from C.
In addition, considering all other evidence submitted by the Plaintiff, it is insufficient to recognize that the Defendant agreed to pay the instant timber price directly to the Plaintiff, and there is no other evidence to acknowledge the agreement.
Therefore, the plaintiff's above assertion is without merit.
2. In conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit. Since the judgment of the court of first instance is justified with this conclusion, the plaintiff's appeal is dismissed as it is without merit. The "five percent per annum by the date of delivery of a copy of the complaint of this case" in the claim of the judgment of the court of first instance is clearly an error of "six percent per annum by the date of delivery of a copy of the complaint of this case," and it is decided to correct