물품대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On February 6, 2015, the Plaintiff filed a lawsuit claiming the purchase price of goods against C Co., Ltd., and rendered a judgment that “the Defendant shall pay to the Plaintiff 110,774,415 won and the amount at the rate of 20% per annum from August 13, 2014 to the date of complete payment” (the Defendant shall pay to the Plaintiff an amount equivalent to 110,774,415 won). The said judgment became final and conclusive around that time.
On July 1, 2014, the Plaintiff was decided to provisionally seize the claim of KRW 30,000,000, out of the claim for construction cost against the Defendant of the Co., Ltd. (Seoul Eastern District Court 2014Kadan3286), and on March 20, 2015, the Plaintiff was issued a collection order for the attachment and collection of the claim to transfer the provisional attachment to the provisional attachment.
(Based on Recognition) The fact that there is no dispute over the Seoul Eastern District Court 2015TTT 3263. [Ground of Recognition], Gap evidence 1-3, the purport of the whole pleadings.
2. The assertion and judgment
A. The plaintiff's assertion that the plaintiff supplied equipment and materials to D, the representative of C, a corporation, and did not receive the price.
On this issue, the Suwon District Court 2014Gahap12952 filed a lawsuit claiming the purchase price of goods and won the plaintiff.
However, even though the Plaintiff entered into a contract to change the name of the recipient in the construction site to the Defendant company that entered into the name of the actual manager, the Plaintiff was aware of the fact that the Plaintiff concealed the contract to the Plaintiff and that the Plaintiff was supplied to the Defendant Company C.
Since the Defendant Company is a company actually managing D, the price for the goods supplied by the Plaintiff after January 9, 2014 and January 15, 2014, when the contractor at the construction site was changed, should be paid by the Defendant Company.
B. The Defendant Company and C are separate companies that assert the Defendant Company.
The defendant company did not have been supplied with goods by entering into a contract for the supply of equipment with the plaintiff, and only purchased goods worth KRW 420,000 in cash at the construction site.
Defendant Company is not liable to pay the price for the goods claimed by the Plaintiff.
C. Determination A.