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(영문) 대구지방법원서부지원 2019.12.11 2018가단61038

물품대금

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant B is the representative director of the corporation D (hereinafter "D").

Defendant B is the owner of “FMoel”, a building newly built on the ground of Kimcheon-si, Kimcheon-si.

Defendant C is the co-born of Defendant B, and is the owner of “Hel”, a building newly built on the G ground in Kimcheon-si.

The Defendants entered into a contract with D for the new construction of each of the above Moel (hereinafter collectively referred to as the “each of the instant Moel”) and D was in charge of the new construction of each of the instant Moel.

B. Each of the instant cartels constructed by the Defendants was approved on July 22, 2016 by the Kimcheon City.

C. The Plaintiff supplied and installed household appliances equivalent to KRW 50,795,80 (hereinafter “instant goods”) on three occasions from July 25, 2016 to August 30, 2016, including television, air conditioners, air conditioners, air conditioners, computers, washing machines, and drying machines, etc. necessary for the operation of each of the instant franchises (hereinafter “instant goods”).

The Plaintiff received KRW 16,932,500 out of the price of the above goods, and the outstanding amount for the instant goods is KRW 33,863,300.

[Ground of recognition] Facts without dispute, Gap evidence 2, 9, 13, Eul evidence 1 and 4, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff, the primary cause of the claim, concluded a supply contract with the Defendants on the instant goods and supplied the goods. As such, the Defendants are obligated to pay 3,863,300 the remaining amount of the goods to the Plaintiff.

Of them, Defendant B is obligated to pay KRW 18,197,750,00 calculated by subtracting KRW 16,932,50,500 from the amount of the goods supplied by the Plaintiff to Defendant B at KRW 26,64,00,00, the amount of KRW 16,932,50 less KRW 8,446,250, and Defendant C is obligated to pay KRW 24,131,80 from the amount of the goods supplied by the Plaintiff to Defendant C at KRW 24,932,50 less KRW 16,932,50 from the amount of the goods supplied by the Plaintiff to the Defendant C.

B. As to the instant goods as the conjunctive claim, the Plaintiff and the Plaintiff.