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(영문) 서울서부지방법원 2020.09.17 2019나42799

물품대금

Text

The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On November 2, 2015, the Defendant: (a) received from the C Welfare Center a license and fire-fighting facility (hereinafter “instant construction”) for KRW 153,39,174 of the contract amount (including value-added tax; hereinafter the same shall apply).

B. On November 9, 2015, the Defendant subcontracted the above construction work to E operated by D in KRW 111,63,200.

C. The Plaintiff, which engaged in wholesale and retail business, such as general steel products, with the trade name of F, supplied fire-fighting equipment materials equivalent to KRW 27,060,000 at the instant construction site from November 12, 2015 to December 23, 2015.

On January 11, 2016, the Defendant and D entered into an agreement on the settlement of construction cost upon completion of the instant construction work, and upon the Plaintiff’s request, the Defendant requested the Defendant to pay the materials price thereafter, and on February 2, 2016, the Defendant requested the Plaintiff to pay the unpaid materials price to the Plaintiff E.

E. E operated by D discontinued on February 12, 2016, and D died.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 25, 29, 30 evidence, Eul evidence 1 through 5, and 8 (including virtual numbers; hereinafter the same shall apply), the inquiry result of the court of first instance on the Cwelfare officers of the court of first instance, the result of the order of the court of first instance to submit tax information on sexual impulses, the purport of the whole pleadings

2. The Plaintiff’s assertion concluded a contract with the Defendant for the supply of materials related to the instant construction (hereinafter “instant contract”) and supplied materials. Even if the contract was not concluded with the Defendant, the Plaintiff supplied materials at the request of G of the Defendant’s on-site director, and H of the Defendant’s on-site leader, and thus, the Defendant is liable for the nominal lender under Article 24 of the Commercial Act.

Therefore, the defendant, as a party to the contract of this case or as a nominal lender under the Commercial Act, is obligated to pay the material price of 27,060,000 won and delay damages therefor.

3. Determination as to the claim under the instant contract

A. The defendant is the party E to the contract of this case, and the defendant is the plaintiff and the defendant.

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