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(영문) 수원지방법원안산지원 2017.05.11 2015가합3041
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. The plaintiff is a company whose main purpose is to manufacture and process content, etc., and the defendant is a company whose main purpose is to manufacture steel products.

B. On August 3, 2015, the Plaintiff supplied the Defendant with a total amount of KRW 242,657,140 (including value-added tax) equivalent to the total market value of the STS 304LS Pipe 1,780, and the 85 STS 310S SMS Pipe 85, Sept. 9, 2015, and issued a tax invoice equivalent to the above pipeline price on September 30, 2015.

Therefore, the Defendant did not pay to the Plaintiff KRW 242,657,140 of the pipe price by October 31, 2015, which is the end of the month following the issuance date of the tax invoice.

The plaintiff claims against the defendant for the payment of the pipeline price of KRW 242,657,140 and damages for delay.

C. Even if the Defendant did not receive the pipe from the Plaintiff, the Defendant is obligated to pay the pipe price for the following reasons.

1) B is an executive director in charge of the Defendant’s business, and the Plaintiff has made a normal transaction with the Defendant for not less than two years under the confirmation of B. Therefore, even if B does not have the power of representation for the Plaintiff to make the said transaction inside the Defendant, B constitutes an expression representative director of the Defendant, and the Plaintiff did not know that B had no power of representation for the Plaintiff to make the said a pipe transaction, the Defendant is liable to pay the price for the goods following the pipe transaction as above. B is the Defendant’s executive director in charge of the Defendant’s business.

If the Plaintiff did not receive the price of goods from the Defendant on the ground that the Defendant did not receive the pipe, the Plaintiff would incur damages equivalent to the above pipeline price due to the Defendant’s business-related act.

Therefore, the defendant as the user of B must compensate for damages equivalent to the above pipeline price.

2. Determination

A. The purport of the whole pleadings is as follows: evidence Nos. 1 and 2, and evidence Nos. 2.

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