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(영문) 수원지방법원 2017.04.27 2015나24314

물품대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Basic facts

A. The plaintiff is a company producing high voltage power distribution plate, and the defendant is a company conducting electrical construction.

B. D was in charge of the electrical construction of the FF Factory Extension Works in Pyeongtaek-si E (hereinafter “instant construction”) in the Defendant’s name at the first half of 2011, and upon D’s request, the Plaintiff supplied goods, such as the Electrical Team, etc. necessary for the said construction.

C. D immediately after being supplied with the goods by the Plaintiff, paid the price for the goods supplied for a certain period in a lump sum instead of paying the price for the goods, and requested the Plaintiff to issue a tax invoice whenever settling the price for the goods.

In settling accounts with D on August 10, 201, the Plaintiff issued a tax invoice of “ASB Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd., “F”, “60,000,000 won in supply value,” “6,00,000 won in supply value,” and “D” issued by Nonparty Co., Ltd. (hereinafter “A”) for the payment of the above amount, and endorsed it under the name of the Defendant.

E. On November 30, 201, the Plaintiff offered a payment proposal for the instant check, but rejected payment due to the shortage of the balance.

Accordingly, when the Plaintiff demanded D and A representative director B to pay the check money, D and B prepared a cash custody certificate stating that “A and B shall pay KRW 66,000,000 by May 10, 2012, and D shall guarantee it” (hereinafter “the cash custody certificate of this case”).

F. The Plaintiff received KRW 10,000,000, out of the above KRW 66,000 from B.

G. The Defendant permitted D to carry out the instant construction work in the name of the Defendant.

[Grounds for Recognition] A without dispute, Gap evidence Nos. 1-7 (including branch numbers for those with a branch number), Eul evidence Nos. 1-5, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1 was endorsed on the instant check, and thus, the Defendant is obligated to pay the instant check to the Plaintiff as an endorser.