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(영문) 제주지방법원 2017.12.18 2016가단51575

물품대금

Text

1. The Plaintiff, Defendant B, and Defendant C, Defendant C, as to KRW 15,233,524, and each of the said money, from March 18, 2017 to March 18, 2017.

Reasons

1. Basic facts

A. Defendant B asked D to identify the person to be responsible for the replacement of vinyls on the Defendants’ vinyls owned by the Defendants, and D again asked E to do so, and E notified the Plaintiff of D’s phone number while sending the said vinyl replacement work to the Plaintiff.

Accordingly, the plaintiff called D's phone number with D's phone call to F who works for the replacement date of a vinyl house.

B. F requested L and Defendant B and G in Seopo City G, H land, and I land owned by Defendant B, to replace vinyls, shock nets, lower limit, water home, etc. on the land owned by the Plaintiff, and completed the replacement work of vinyls by being supplied with necessary materials from July 15, 2015 to July 21, 2015, and received KRW 22,250,000 from Defendant B.

[Ground of recognition] Unsatisfy, each entry of Gap 1-4 evidence (including paper numbers), witness F, D, and E's testimony, the purport of the whole pleadings

2. Judgment on the main argument

A. The party’s assertion (1) that the money paid to Defendant B to Defendant B is labor cost, and the material cost supplied by the Plaintiff is not paid. Defendant B does not directly request the Plaintiff to provide the above materials, but is made a successive request through D and F, and thus, the Plaintiff is obligated to pay KRW 31,929,923 as the material cost supplied by the Plaintiff is not directly requested to the Plaintiff.

(2) Defendant B, through D, deposited with F a vinyl replacement work, and Defendant B’s 22,250,000 KRW 22,250,000 paid to F included both labor cost and material cost. Therefore, the Plaintiff’s claim for material cost cannot be complied with.

B. According to the statements in Gap's evidence Nos. 1 and 2, each fact-finding, witness F, and E's testimony, 22,250,000 won paid by the defendant Eul to Eul is limited to the amount corresponding to the personnel expenses of replacement works, such as plastic vinyl owned by the defendants, and it is recognized that material expenses are not included.

However, the above facts of recognition and the above facts.