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(영문) 수원지방법원평택지원 2016.05.31 2015가단15035

물품대금

Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

Upon the claim in this case, the Plaintiff concluded a material lease and supply contract with B at the construction site A (hereinafter “B”), but the Defendant supplied (lease) construction materials to the Defendant from the early around June 2014 after the first stage of the construction project with B, and from June 2014, the Plaintiff supplied (lease) construction materials to the Defendant, and there were construction materials not recovered from the Defendant due to loss or loss after the completion of the lease, and the price exceeds KRW 27,435,150, and thus, the Defendant is obligated to pay it.

Therefore, according to the Plaintiff’s assertion, the Plaintiff supplied the materials to B, the original contractor, from March 2014 to May 2014, 2014, which is the pre-contractor B, even if following the Plaintiff’s assertion, and therefore, there is no evidence to prove that there exists the Plaintiff’s responsibility to return the materials, or whether there is the Defendant’s liability to return the materials (or whether the Defendant took over the responsibility), whether there is the materials supplied at that time, and whether there remains the Defendant or not, and the value remains at that time, or not.

In addition, under the circumstance that the Defendant asserts that the materials that the Plaintiff supplied to the Defendant from around June 2014 after the completion of the construction work by the Defendant were fully returned to the Defendant and paid the full amount of the materials, the Plaintiff still remains without returning to the Defendant for the said period, and there is no evidence to prove the amount of the materials that the Plaintiff supplied to the Defendant. However, there is no evidence to prove clearly, or the evidence submitted by the Plaintiff is insufficient to acknowledge it.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.