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(영문) 광주지방법원 2019.12.20 2019나56936

물품대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The parties' assertion

A. On July 10, 2018 and July 14, 2018, the Plaintiff supplied the Defendant with the iron bars called HD. The Defendant paid 2.2 billion won for the goods supplied on July 10, 2018 and the transportation cost, and the Defendant did not pay KRW 2.76 million for the steel bars supplied on July 14, 2018 and KRW 2.93 million for the total transportation cost. Therefore, the Defendant is obliged to pay the Plaintiff KRW 2.93 million.

B. The Defendant merely supplied the goods to Defendant C’s trade name D, which is merely a party to the Plaintiff’s sales transaction, and thus, the Defendant is not obligated to pay the goods.

2. Determination

A. According to the overall purport of Gap evidence Nos. 1 (including a provisional number) and the whole pleadings, the plaintiff supplied the iron bars of 2.760,00 won (number 4,000 x unit price 690 km) at the construction site of the defendant's stable construction site on July 14, 2018, and the plaintiff entered the counterparty in each transaction specification on the steel bars supplied by the plaintiff and the transportation cost (1.70,00 won) and presented it to the defendant, and the defendant signed on the claimant's column. In light of this, it can be recognized that the plaintiff supplied the defendant with steel bars on July 14, 2018.

Therefore, the Defendant is obligated to pay to the Plaintiff the sum of KRW 2.760,000 and KRW 1.730,000,000,000 and KRW 2.930,000,000,000 from November 13, 2018 to the day of full payment following the delivery of the instant complaint.

B. According to the reasoning of the evidence Nos. 2 and 4-2 of the evidence No. 4-2, the Plaintiff supplied steel bars to D on June 29, 2018 as the order of D, and received the price from D, there is no dispute between the parties, and according to the facts stated in the evidence Nos. 2 and 4-2 of the evidence No. 4-2, it is recognized that: (a) the Plaintiff remitted KRW 8,40,000 to D out of the cost of steel delivery supplied to the Plaintiff on July 10, 2018; and (b) the Defendant remitted KRW 3 million to D on July 13, 2018.

However, the above facts and macroscopic evidence are all the arguments.