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(영문) 대구지방법원 2016.11.08 2016가단21381

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff agreed to supply the Defendant with piping materials, such as white pipes and EL, and supplied the Defendant by January 30, 2016, and the Plaintiff’s price remains in KRW 20,012,409.

B. The defendant does not have to receive or receive from the plaintiff the pipeline materials and products as alleged by the plaintiff.

However, the Defendant: (a) subcontracted the construction of machinery fire-fighting equipment among the construction of a new A apartment in Busan Metropolitan City to B; (b) reversed the contract; and (c) subcontracted the construction of the said machinery fire-fighting equipment to C, which is the joint and several sureties; (c) while performing the construction of the said machinery fire-fighting equipment by the Defendant, he was only

2. As to whether the Plaintiff supplied the above product to the Defendant, according to the health stand, Gap evidence Nos. 2-1, 2, and 3-1 through 7, and 4, the Plaintiff either issued a tax invoice or prepared a transaction statement with the Defendant as the “user.” However, even if the Defendant paid part of the above product price to the Plaintiff on August 17, 2015 and October 19, 2015, it is recognized that the Plaintiff paid the above product price by transferring it to the Plaintiff on August 17, 2015, the following circumstances are considered as a whole: (a) the Defendant, among the construction works of the apartment house construction works of Busan City A apartment complex, subcontracted the construction of machinery and fire-fighting equipment to Eul Co., Ltd. (including materials payment under the special agreement, clearly stated that the construction works of the machinery and fire-fighting equipment are included) under the same condition as that of the Plaintiff’s subcontractor; (b) the Defendant was supplied with the said product supplied by the Plaintiff under his/her name without obtaining his/her business registration statement, etc.