beta
(영문) 창원지방법원진주지원 2019.04.30 2018가단35376

물품대금

Text

1. The plaintiff's claim against the defendant (appointed party) is dismissed.

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

Reasons

1. Basic facts

A. (1) The Plaintiff is a business entity that supplies a vinyl facility to a farmer. The Plaintiff has been engaged in transactions with each farmer who seeks to install a vinyl facility via C, a vinyl facility operator, or together with the said operator.

(2) Meanwhile, around February 2016, the Defendants, as married couple, purchased 5,794 square meters (hereinafter “instant land”) in the name of Defendant D in order to cultivate son by using plastic houses (hereinafter “instant land”) (the registration of ownership transfer was received on March 9, 2016), and Defendant B and F (the head of the Plaintiff’s business division), who found Defendant B as a branch of a branch of a land around February 2016, requested the Plaintiff to estimate the construction cost in the event that C and F (the head of the Plaintiff’s business division) were located in the said land on credit on the said land.

B. (1) The first contract C and F show to Defendant B the following day the product supply contract (Evidence B-1, 2-2) and quotation (Evidence B-1, 2-1,36,538 won [the construction price for the 6-dong unit] of the 71,136,538 won [the 5-dong x 11,939,690 won [the 11,438,08 won] [the 5-dong x 11,438,08 won]]. Of them, C’s personnel expenses (construction cost) 18,000,000 won for the 53,136,538 won for the 1,862,040 won for the 1,862,040 won for the 1,416,000 won for the 6-dong unit, 406,040 won for the 54,598,500 won for the 60,5000

Accordingly, on the same day, the plaintiff (A) prepared a product supply contract (Evidence 1) with the defendant B (B) and the defendant D and C have signed and sealed as joint and several sureties, and the main contents thereof are as follows:

(hereinafter “instant primary contract”). Article 1 (Purpose) (1) A continues to supply goods to B under this Agreement and purchases them.

Article 3 (Period of Contract) The contract term of this contract shall be one year from the date on which it is signed and sealed, and shall continue to be one-year unit in the absence of one notice of cancellation or termination 30 days before the expiration of the contract term.