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(영문) 수원지방법원 2019.05.02 2018나8757

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal



1. Basic facts

A. The Plaintiff is a person who sells building materials, such as pipes and cement, and the Defendant is a person who mainly engages in civil engineering and construction business.

B. From October 2017 to March 2018, the Defendant supplied various construction materials necessary for the instant construction work from October 13, 2017 to February 21, 2018, while performing construction works on the land of the said land of the said city (hereinafter “instant construction works”).

C. Meanwhile, the Plaintiff’s supply of the above construction materials to the instant construction project is KRW 7,864,300.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion that the plaintiff concluded a contract with the defendant to supply the construction materials as above with respect to the instant construction work (hereinafter the contract in this case) and supplied the construction materials. Thus, the defendant is obligated to pay the plaintiff the price of the materials that is not paid and the delay damages thereof.

In regard to this, the defendant asserts that the owner D and Architect E of the above housing directly perform the construction of this case, but the defendant merely performed it on his behalf, and the party to the contract of this case is the above owner or architect who is not the defendant, and thus, they cannot accept the plaintiff's request

3. Determination

A. The identity of the parties to the relevant legal doctrine is a matter of interpretation of the intent of the parties involved in the contract. With respect to the determination of the parties to the contract, if both parties agree with one another, the parties to the contract must be determined with the same intent, and if both parties fail to agree with each other, a reasonable person should be understood as the parties to the contract based on the specific circumstances before and after the conclusion of the contract, such as the nature, content, purpose, and details of the contract.