beta
(영문) 광주지방법원 2016.11.30 2015나55836

물품대금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. The Defendants asserted by the Plaintiff are jointly and severally liable to pay KRW 17,963,00 to the Plaintiff for the following reasons.

The Plaintiff supplied the Defendants with goods (such as reinforced retaining walls block) equivalent to KRW 17,963,00.

B. Even if the contractual party to whom the above goods are supplied is not the Defendants but E, the Defendants requested the Plaintiff to issue a tax invoice with the “F” as the business name of the Defendants, thereby guaranteeing or accepting the said goods payment liability.

C. The Defendants are employers of E, and are liable for employer compensation.

2. It is insufficient to recognize that the contracting party to the contract to which the above goods are supplied was the Defendants, or the Defendants requested the Plaintiff to issue a tax invoice to the Plaintiff as the person who is supplied with the “F”, a trade name of the Defendants, and there is no other evidence.

In addition, E is liable to compensate the Plaintiff for damages caused by the tort.

There is no evidence to acknowledge that E is an employee of the Defendants.

Therefore, the above argument is not accepted.

3. The plaintiff's claim against the defendants is dismissed as all of the plaintiff's claim is without merit, and the judgment of the court of first instance is unfair, and the judgment of the court of first instance is revoked and all of the plaintiff's claim against the defendants is dismissed.