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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On September 27, 2013, the Plaintiff asserted Hansungx (hereinafter “ Hansungx”) was sub-subcontracted by the Defendant for electricity, fire fighting electricity, and information and communications construction among the construction works, such as Yang Pandong Construction. From April 2014, the Plaintiff supplied telecommunications and electrical materials to the Hansung Network (hereinafter “ Hansung Network”) for the said construction work. Hansung Network is a company operated by Hansung Heavy Industries, which is merely a mere nominal name holder, and thus, the actual party to which the Plaintiff entered into a supply contract is the Hansungx.
Around August 2014, the Plaintiff agreed to pay 108,628,771 won to the Plaintiff for the outstanding amount of the outstanding amount of the Plaintiff’s Hansung Heavy, and the Defendant agreed to pay the Plaintiff for the unpaid amount of KRW 108,628,71 and the subsequent material cost to be supplied by the Plaintiff on August 2014.
Accordingly, the Plaintiff supplied the materials to the Defendant from October 2014, and the Defendant paid the materials supplied after October 2014, but did not pay KRW 108,628,71, which was unpaid by Hansung Industries according to the direct payment agreement. Therefore, the Plaintiff is obligated to pay KRW 102,307,51, among them.
Even if it is not so, the defendant is obligated to pay the above KRW 102,307,511 to the plaintiff in accordance with Article 756 of the Civil Code as the actual user of the Hanchix and Hansung network or the party to the goods contract.
2. Determination
A. As to the allegation of direct payment, first of all, as to whether the Defendant agreed to pay the Plaintiff the unpaid amount of KRW 108,628,771 to the Plaintiff on August 2014, the Health Unit: (a) the description of evidence No. 18, corresponding thereto, and the testimony of the witness A, are not trusted in light of the following circumstances; and (b) the statement of evidence No. 5, 6, 8, 13 through 17, and 20 (including the serial number) are alone written.