beta
(영문) 수원지방법원 2019.03.28 2018나56077

물품대금

Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) and counterclaim claims filed by this court are dismissed.

2. Appeal;

Reasons

[This lawsuit and counterclaim shall also be deemed to be a principal lawsuit and counterclaim]

1. Basic facts

A. On September 12, 2016, the Plaintiff entered into a sales contract with E, a machinery-type 7 (hereinafter “instant machinery”) such as renunciation, pumps, and clean-type equipment (including value added tax) as the sales price of KRW 55 million (hereinafter “instant sales contract”) with the Defendant’s representative director D, and concluded a sales contract to sell the machinery-type 7 (hereinafter “instant machinery”) with the Defendant’s representative director D, with the Defendant’s representative, around September 12, 2016, the Plaintiff was paid the down payment of KRW 27.5 million on the day and the remainder of KRW 27.5 million on the same month.

B. On September 26, 2016, the Plaintiff supplied all of the instant machinery to the Defendant according to the instant sales contract.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 4, purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. 1) The plaintiff asserted that the contract of this case was a contract with a person who has obtained legitimate power of representation from the defendant, and therefore, the defendant asserted that he had the right to claim the payment of the remainder of the machinery of this case and the compensation for delay thereof under the above contract against the defendant. The defendant asserted that the machinery of this case was not sold to the defendant, but sold to the defendant, and the defendant did not have granted the power to conclude the contract of this case to F or E, and therefore the above contract did not affect the defendant. 2)