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(영문) 울산지방법원 2015.10.30 2015가단50216

물품대금

Text

1. The Defendant’s KRW 50,477,643 as well as the Plaintiff’s KRW 20% per annum from February 4, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. On December 2013, the Defendant accepted a subcontract for electrical construction from A during the Japanese-Japan Trucking Construction Co., Ltd. (hereinafter “instant construction”) among the New Trucking Construction Co., Ltd. (hereinafter “instant construction”), and subsequently re-subcontracted the instant construction to C in a lump sum.

B. The Defendant created to C a name “A complaint of a stock company”.

C. From June 2014 to October 2014, the Plaintiff supplied the instant construction site via C with an amount equivalent to KRW 58,315,658 of the electric materials at the instant construction site. At the time, the Plaintiff prepared a transaction statement in the Defendant’s future, and C signed “C” in each transaction statement.

On August 20, 2014, the Plaintiff received KRW 7,838,015, out of the price of the said materials from the Plaintiff’s bank account to the Plaintiff’s Gannam Bank account as “human park.” This is merely a fact that C, while remitting, entered the “human park” as the depositee, and the Defendant did not directly transfer the said materials to the Plaintiff.

E. On August 31, 2014, the Plaintiff issued respectively an electronic tax invoice that constitutes the Plaintiff, the recipient, and the Defendant, as the Defendant, and the Defendant was issued via C, respectively. < Amended by Presidential Decree No. 25614, Oct. 31, 2014; Presidential Decree No. 25905, Oct. 31, 2014; Presidential Decree No. 25790, Oct. 31, 2014; Presidential Decree No. 2585, Oct

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, 6, Eul evidence 2, witness C and D's testimony, the purport of whole pleadings]

2. The allegations by the parties and the determination thereof

A. (1) The plaintiff's on-site captain C, who is the plaintiff's on-site captain, signed a contract with the plaintiff on behalf of the defendant and supplied the electrical materials, and the defendant is obligated to pay 50,477,643 won as the party to the contract to the plaintiff. The defendant has no authority to act for

Even if the Defendant permitted the issuance of the tax invoice for the materials supplied by the Plaintiff as the recipient of the goods, the Defendant is liable for the name lender’s liability under Article 24 of the Commercial Act or for the expression agent under Article 125 of the Civil Act.

(2) Defendant C is the head of the Defendant’s site.