beta
(영문) 서울중앙지방법원 2019.07.04 2018나38088

물품대금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff (a) was a stock company at the time of the sale contract for landscaping stone 1 between the Plaintiff and the Defendant.

A) On March 1, 2012, the term of the contract from the Defendant is from March 1, 2012 to February 28, 2013, as set by the period from March 1, 2012 to February 28, 2013, D. D. P. P. P. P. D. P. P. M. (hereinafter referred

(2) The Plaintiff agreed to be supplied with 15,00 won per 1 cubic meter, while the Plaintiff directly mobilized equipment and human resources to collect and process tin and remove tin, and to ensure that it does not interfere with the Defendant’s collection and performance of business (Evidence A 1). (2) On March 2013, the Plaintiff entered into a contract with the Defendant for the term of the contract between January 1, 2013 and December 31, 2013, with the term of the contract from January 1, 2013 to December 31, 2013 (hereinafter “instant contract”). The instant contract has been renewed with the same content as the previous conditions after the termination of the contract.

3) The Plaintiff supplied landscaping stone resources supplied by the Defendant to a government-funded construction project implemented by the State, local governments, etc. through the Public Procurement Service. B. The blasting stone sales contract corporation E (hereinafter “E”) between E and the Defendant.

(C) On February 1, 2013, from February 1, 2013 to January 31, 2014, the Defendant entered into a contract for the sale of goods to be supplied with “explosion” at the site of Pakistan in KRW 11,000 per one cubic meter, and the special terms (Article 14) stipulate that “explosion” shall be used for landscaping stone for the purpose of landscaping. (c) On August 2013, 2013, G, an actual operator of the Plaintiff, (i) entered into a contract for the sale of goods to be supplied with “explosion” in KRW 11,00 per cubic meter. (hereinafter “K”) with “explosionan” in which: (a) G, an actual operator of the Plaintiff, entered into a contract for the sale of goods to be integrated into “explosion” with “K” (hereinafter “K”); and (b) L, a transport service provider, upon entering into a partnership agreement with the Plaintiff.

(hereinafter “instant trade agreement”). 2. The instant trade agreement.