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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 6, 2009, the Defendant contracted the construction work for the construction work for the joint innovation city development project (2-1 Section) from the Jeonnam Development Corporation (hereinafter “instant construction work”). On July 24, 2009, the Defendant subcontracted the water supply and drainage work among the instant construction work to the Geum River T&C Co., Ltd. (hereinafter “ Geum River T&C”).
B. On October 15, 201, the Plaintiff supplied water supply and sewerage materials at the instant construction site between Geum River C&C, and entered into a contract for the supply of goods (hereinafter “instant contract”) with the content that the Plaintiff would receive the water supply and sewerage materials at the end of the following month during which the water supply and sewerage materials were supplied. From around that time to December 30, 201, the Plaintiff supplied the water supply and sewerage materials at the instant construction site (hereinafter “instant goods”).
[Reasons for Recognition] The facts without dispute, Gap evidence 2, Eul evidence 1 and 3 (including Serial number; hereinafter the same shall apply), the fact inquiry conducted on April 2, 2013 for the whole south Development Corporation of this Court, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s primary assertion 1) The conclusion of the instant contract with the Plaintiff is the Defendant using the name of Geum River C&C, and the Plaintiff was requested to supply the instant goods from A, an employee of the Defendant, and supplied the Defendant with water supply and drainage materials equivalent to KRW 246,647,10. As such, the Defendant, as a party to the instant contract, is obligated to pay the price for the said goods and damages for delay to the Plaintiff.
B) Even if the Defendant is not the party to the instant contract, even if it is not the party to the instant contract, the instant contract (Article 3 of the No. 1 of the No. 3 provides, “If Kum T&C does not pay the Plaintiff the price of the instant goods, it shall be directly treated by the Defendant.” Accordingly, the Defendant shall be deemed to have guaranteed the payment of the instant goods against the Plaintiff of Kum T&C. Therefore, the Defendant is a payment guarantee agent.