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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. The Plaintiff concluded a concrete file supply contract with the Defendant around October 2013, and supplied the Defendant with a concrete file amounting to KRW 64,541,400 (hereinafter “instant product”) from October 14, 2013 to October 30, 2013. The fact that the Defendant paid KRW 34,541,40,00 to the Plaintiff on November 6, 2013 is the Plaintiff.
According to the above facts, the defendant is obligated to pay to the plaintiff the amount of 30,000,000 won which is payable to the plaintiff (=64,541,400 won - 34,541,400 won) and damages for delay.
2. Judgment on the defendant's assertion
A. Defendant 1) The Defendant is supplied with a concrete file from the Eastyang Co., Ltd. prior to the supply of the instant goods, and the price for the file is the same as that of Yangyang Bank Account Co., Ltd. (hereinafter “instant account”).
30,000,000 won out of the price of the instant goods was deposited in the instant account, without notifying the Defendant of the fact that the transaction entity had changed from Dongyang to the Plaintiff at the time of the transaction of the instant goods, and requiring the Defendant to deposit 30,000,000 won out of the price of the instant goods in advance. Therefore, the Defendant deposited KRW 30,000 into the instant account, which is the account designated by A, an employee of the Plaintiff. Therefore, the Defendant paid KRW 30,000,000 at the Plaintiff’s request, and thus, the Defendant is valid as the repayment of the instant goods. 2) If the repayment is not acknowledged, the Defendant’s deposit of KRW 30,00,000 into the instant account is valid as a repayment to the quasi-Possessor
B. Since there is no dispute over the fact that the Defendant concluded the instant goods supply contract with the Plaintiff and deposited KRW 30,000,000 to the instant account on October 16, 2013, the Plaintiff is not the Plaintiff’s account but the Dongyang’s account, a separate legal entity.