물품대금
1. The judgment of the court of first instance is modified as follows.
The plaintiff's claim against the defendant (appointed party) and the designated parties.
1. Basic facts
A. The Plaintiff is a corporation that runs the business of manufacturing and selling ready-mixed, and E (hereinafter “E.” The former F Co., Ltd.’s “F Co., Ltd.” (from April 8, 2009 to December 24, 2012) is a corporation that runs reinforced concrete construction business, civil engineering construction business, etc., and G was employed as the representative director at the time.
B. On March 29, 2012, the Plaintiff supplied ready-mixeds E with tax invoices and traded them with E.
C. Meanwhile, around July 17, 2012, E, one of the projects for the modernization of fruit water production facilities from Jinju City, was awarded a contract for the improvement of the project as a work within K K’s orchard located in J (which appears to be “I”).
G died on December 10, 2012, and the deceased's heir of the network G has been the defendant, his or her spouse, B, C, and D.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, 5, 13, 25 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff asserted that the Plaintiff supplied ready-mixed in his/her name, not in his/her name, without a tax invoice, at the G’s request, that the ready-mixed would be supplied. On August 16, 2012, the Plaintiff supplied ready-mixed 60 cubic meters in the G Private Construction Site (hereinafter “L site”) located in Jinju-si (hereinafter “L site”) (a purchase and supply of ready-mixed produced in Shin Dong-dong Co., Ltd.), and on September 7, 2012, the Plaintiff supplied 3,906,000 square meters in the M site (hereinafter “M site”) at the construction site of the said K’s orchard, which is a rearrangement project site (hereinafter “M site”). However, the Plaintiff did not receive a total amount of KRW 7,626,00,000 in 7,626,000 from G.
As G voluntarily died during that period, the Defendant and the designated parties are the deceased’s inheritors, and according to their inheritance shares, the Defendant, as the deceased’s inheritors, is the Plaintiff (i.e., KRW 2,542,00 (= KRW 7,626,00 x 3/9), and the designated parties are each KRW 1,694,666 = KRW 7,626,00 x below KRW 2/9,00.