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(영문) 창원지방법원거창지원 2016.06.28 2016가단597

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On October 15, 2015, the Plaintiff asserted that the construction work was undertaken under a contract for B construction from Gohap-gun. The Plaintiff entered into a goods supply contract with the Defendant, and supplied the Defendant a total of KRW 34,109,020 from November 2, 2015 to January 28, 2016.

Therefore, the defendant is liable to pay to the plaintiff 34,109,020 won for the price of goods and damages for delay.

2. In full view of each statement of Gap evidence Nos. 1 through 4 (including each number), the construction materials supplied by the plaintiff were used for B Construction Work (hereinafter "the instant construction work"), and the defendant's failure to report the subcontracting details related to reinforced concrete construction work among the instant construction works to the Gohap-gun Office.

However, comprehensively taking account of each of the statements in Eul evidence Nos. 1 through 4, C’s subcontracted the construction of reinforced concrete from the defendant on November 10, 2015, and the fact that the plaintiff supplied the construction materials to the construction site of this case through C without obtaining confirmation from the defendant’s representative director or the head of the field office. Considering such fact, it is insufficient to recognize that the party who entered into a goods supply contract with the plaintiff is the defendant.

Therefore, the plaintiff's assertion is not accepted.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.