beta
(영문) 인천지방법원 2018.08.17 2017가합61330

자재대금 등 청구의 소

Text

1. The Defendant’s KRW 241,340,828 and KRW 216,983,80 among the Plaintiff and the Plaintiff’s KRW 216,983,80 from March 21, 2017 to December 8, 2017.

Reasons

1. Determination as to the cause of claim

(a)The following facts of recognition may be found either in dispute between the parties or in full view of the respective entries (including serial numbers) in Gap evidence 1, 3, and 9 and the purport of the entire pleadings:

1) The Defendant is C Co., Ltd. (hereinafter “C”) around November 2009.

The H Corporation ordered by the Korea Rail Network Authority (hereinafter “instant Corporation”) between D and E, E, Limited Liability Company F, G, etc.

(i) In relation to the joint supply and demand agreement with C, a joint supply and demand agreement with C representative was concluded (hereinafter referred to as the “joint supply and demand agreement of this case”) with the aforementioned six companies members pursuant to the above joint supply and demand agreement.

(2) On July 28, 2013, the Plaintiff entered into a material supply contract with C, which stipulates that a company engaged in wholesale and retail business of construction materials shall supply cryp and camping cryp to KRW 201,495,800 (including value-added tax) on July 25, 2013, and is subject to the issuance date of electronic tax invoices for convenience on July 28, 2013.

(2) The same shall apply to the following paragraphs.

around November 30, 2013, all of the above materials were supplied to the instant joint contractors, and ② a material supply contract covering the above two joint contractors with the content that a new cover cover is to be supplied to KRW 15,48,000 (including value-added tax) (hereinafter “instant material supply contract”), and supplied all the above materials to the instant joint contractors around November 30, 2013.

3) The Plaintiff received KRW 15,250,910 from C on March 18, 2015, and received KRW 3,408,356 on March 20, 2017. (b) In the event that the parties to the relevant legal doctrine form a joint supply and demand company with joint performance method and receive construction from the contractor, the joint supply and demand company, in principle, constitutes a partnership under the Civil Act (see, e.g., Supreme Court Decision 2015Da6990, Jan. 24, 2018). If the obligations of the partnership were to be borne by all members due to the conduct of commercial transactions.

참조조문