물품대금
1. Revocation of the first instance judgment.
2. The Defendant shall pay to the Plaintiff KRW 15,00,000 as well as the full payment with respect thereto from June 13, 2017.
1. The key issue of the instant case is that the Plaintiff purchased six air-conditioners in KRW 15,00,000 and installed in the room operated by the Defendant is not a dispute between the parties.
The plaintiff is seeking to pay KRW 15,000,000 as well as damages for delay, because the plaintiff established an air-conditioner upon the request of the defendant.
In regard to this, the Defendant requested the above Earsenal Corporation (including Earsen installation) to C, and the Plaintiff paid Earsenal Corporation and installed Earsen. Thus, the Defendant did not have the obligation to pay Earsenal to the Plaintiff.
2. In full view of the following circumstances in which evidence Nos. 2, 3, 4, and 7 and 8, the Defendant agreed to pay the Plaintiff the price upon the request of the Plaintiff when the construction work was delayed due to the delay of the construction work, taking into account the following circumstances:
① The Defendant, on April 26, 2017, is C, but C borrowed the name of “E” in the name of “E,” and entered into a contract with the Defendant for the design of the river bank.
The lower court stated as C in the following: (a) According to the cause of the claim presented in the complaint of the lawsuit for the return of construction price filed against B (the Jeju District Court Decision 2017Da4187) that “The Defendant ordered C to contract for the construction work at the time, but, as the interior work was delayed, directly carried out by the Defendant at least the construction cost, etc. required for the implementation of the project at the time, C is obligated to return the construction cost, etc. directly executed by the Defendant.”
However, the defendant claimed the return of KRW 21,00,000, including the air-conditioner price and the installation cost, if he constructed the air-conditioner by himself.
② On May 22, 2017, the Defendant issued the Republic of Korea Post “AC” and the Plaintiff.
E It is necessary to post a provisional attachment to F while taking a lawsuit, and the situation where the F is not able to raise the money.
I would like to solve this problem and I would also be solved.