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(영문) 서울고등법원 2017.04.06 2016나2024695

물품대금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 2014, the Plaintiff entered into a contract between the Defendant and the Defendant for the processing of apartment system households, general household units (e.g., new storages, cremations, etc.), which the Defendant subcontracted by C from C, with the content that the Defendant supplied the raw materials established by the Defendant to seal and process and deliver them in the semi-finished state (hereinafter “instant contract”).

B. From September 30, 2014, the Plaintiff supplied the Defendant with half-finished goods, which had completed painting processing, to raw materials supplied by the Defendant under the instant contract for forest management.

Amount of the agreement of this case: 154,000,000 won (C (D and E site) above is the amount processed and sealed by the plaintiff to the defendant.

On May 15, 2015, the Defendant confirmed that the Plaintiff will pay 100,000,000 won to the Plaintiff, subject to the settlement agreement. If the Defendant fails to pay the settlement by May 15, 2015, the agreed amount becomes null and void, and the principal amount shall be 154,00,000 won to the Plaintiff.

When the contract is not implemented until May 15, 2015, 200% of the statutory interest rate shall apply to the principal from the date of the agreement, and the defendant bears all civil and criminal responsibilities and expenses.

C. Meanwhile, around April 8, 2015, the Plaintiff’s de facto manager G was written with H an agreement (hereinafter “instant agreement”). At the bottom of the instant agreement, the Defendant’s signature and seal affixed to “H agent” under the Defendant’s trade name, and H personal seal affixed thereto.

On the other hand, the Plaintiff received KRW 5,000,000 from the Defendant around June 25, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, Eul evidence Nos. 1 and 4 (including those with a provisional number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The party's assertion (the plaintiff's assertion)

A. The Plaintiff’s semi-finished products processed pursuant to the instant contract for the processing of a household are to the Defendant.