beta
(영문) 서울중앙지방법원 2015.09.24 2014가단5026777

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. In around 2012, the Defendant received a contract for the part of the pipeline construction from Samsung C&T Co., Ltd. (hereinafter “T&T”) (hereinafter “T&T”) at the “T&T site,” and upon the request of the lecture officer required for the Samsung C&T, Samsung C&T sales business chain had the Plaintiff deliver the lecture officer to the Plaintiff, the Gangwon-do Enterprise, the Gangwon-do Enterprise (hereinafter “T&T”), which is the Gangwon-do Enterprise, and the A&T company sent the lecture seal taken over from the Plaintiff, and then transferred it to the Defendant via B, the Defendant’s subcontractor.

In other words, the defendant purchased Samsung C&T from the plaintiff and transferred a lecture to a astronomical A&T company for the completion of painting work, and did not raise a lecture at its own expense.

B. Although the defendant did not request, the plaintiff's employee's mistake that the order of Samsung C&T was issued or that the order of Samsung C&T was issued, the plaintiff asserted that the plaintiff transferred the order of Samsung C&T to A&T, not later than the first date of pleading, and the defendant asserted that the plaintiff's claim for damages was groundless since the plaintiff's ownership was in Samsung C&T, and if the purchase and sale of Samsung C&T was established, the plaintiff's ownership was transferred to A&T, and therefore, the plaintiff asserted that the plaintiff's claim for damages was not reasonable, and that there was no clear opinion as to whether Samsung C&T was ordered, and that there was an additional construction between the plaintiff and Samsung C&T. Therefore, the plaintiff's ownership

The plaintiff's assertion is judged on the premise that the contract for the purchase and sale between the plaintiff and Samsung C&T was terminated, and this is judged on the premise that the contract was terminated.

① On April 26, 2012, the Plaintiff entered the lecture 137, and ② on May 24, 2012, the lecture 133, respectively, into the Acheon Company, and the Acheon Company thereafter.