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(영문) 대전지방법원 2014.12.17 2014가합101686

물품대금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are those who actually operate C (Business Registration: plaintiff A) and D (Business Registration: plaintiff B) and the plaintiff B is the plaintiff's spouse.

B. The Defendant entered into a contract for construction works with respect to the construction works of the Empir Construction Works (hereinafter “instant construction works”) within the 32th Empir Dogg-ri 32 Empir Dog-nam-si and Sejong Special Self-Governing City. The field agent of the instant construction was F, who is the Defendant’s employee.

C. On November 26, 2013, the Defendant entered into a contract with the daily safety company (hereinafter “daily safety”) on the part of November 26, 2013 to “from November 26, 2013 to January 26, 2014,” and the contract amount to provide safety surveillance assistance (hereinafter “instant safety contract”). G was a worker for whom the daily safety was dispatched at the construction site of this case.

On the other hand, each supply contract in the name of the plaintiffs and the defendant is prepared with the following contents.

(hereinafter referred to as “instant supply contract”). The date of Plaintiff B’s contract: November 28, 2013; the name of the Plaintiff: From December 1, 2013 to June 30, 2015; and the date of the contract under the contract under the Plaintiff F (Representative Safety Team G) of the Head of the Defendant’s On-Site: The entire construction materials and hardware materials: the contract period from December 1, 2013 to December 30, 2015; and the contractor: the F (Representative G of the On-Site Safety Team) of the Defendant’s On-Site Director: the entire construction materials and hardware materials; the contract period from December 1, 2013 to December 30, 2015; and the contract owner: the Defendant’s On-Site Director G.

E. Under each supply contract of this case, the Plaintiff supplied G with safety goods equivalent to KRW 47,363,80 (including value-added tax, and KRW 52,921,00 (including value-added tax), and with iron and miscellaneous materials equivalent to KRW 52,921,00 (3).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, 7, 9, and Eul evidence No. 2 (including branch numbers; hereinafter the same shall apply).