레미콘물품대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion was proposed to supply ready-mixed with A (hereinafter "A") but did not conclude a contract because it was impossible to trust A.
Since then, the defendant agreed to make a direct settlement of ready-mixeds on the part of the defendant, and the plaintiff believed and delivered ready-mixeds.
The Defendant paid KRW 10,00,000 to the Plaintiff on October 22, 2014, KRW 10,000,000 on December 5, 2014, and KRW 15,00,000 on December 15, 2014, but did not pay the remainder of KRW 26,393,850 on December 12, 2014.
Therefore, the defendant should pay 26,393,850 won and damages for delay payable to the plaintiff.
2. In order for the Defendant to have the obligation to pay the price of ready-mixed to the Plaintiff, the circumstance that the Plaintiff and the Defendant either have a direct contractual relationship (the grounds for performing the internal contractual obligation) or the Defendant consented to the direct non-performance should be proved, and the burden of proof is asserted against the Plaintiff.
It is insufficient to recognize the fact that Gap evidence Nos. 2 (Transaction) and Gap evidence Nos. 3 (each tax invoice) submitted by the plaintiff were unilaterally prepared by the plaintiff and concluded a contract between the plaintiff and the defendant for the supply of ready-mixeds. According to the evidence Nos. 4, it is insufficient to conclude that the defendant paid 45,000,000 won to the plaintiff three times, even though it is recognized that the defendant paid the plaintiff the 45,00,000 won to the amount of ready-mixeds among the construction price to be paid to Gap, and there is no evidence to prove otherwise.
Ultimately, it is difficult to accept the Plaintiff’s claim.
3. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition by the court below.