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(영문) 인천지방법원부천지원 2014.07.09 2013가단19085
물품대금반환
Text

1. Defendant C’s KRW 38,430,00 for the Plaintiff and KRW 5% per annum from October 21, 2009 to July 9, 2014.

Reasons

1. Determination as to the claim against Defendant B

A. The Plaintiff’s assertion 1) around June 2009, the Plaintiff is Defendant B Co., Ltd. (hereinafter “Defendant Company”).

(C) The construction of road between E-F located in D at the time of third party of the Defendant Company (hereinafter referred to as the “instant construction”) between the Defendant Company and the Defendant Company, as its agent, through Defendant C.

The Plaintiff agreed to receive 10% of the construction materials cost borne by the Plaintiff from the Defendant Company upon completion of the instant construction work and the profits of the instant construction work. Accordingly, the Plaintiff is not obligated to pay to the Defendant Company the purchase cost of construction materials equivalent to KRW 22.6 million on June 23, 2009, KRW 2.4 million on or around July 2009, KRW 4.299, KRW 32.10,000 on August 2, 2009, KRW 3210,000 on September 10, 2009, KRW 35.5 million on September 17, 2009, and KRW 29,000 on behalf of the Plaintiff. Since the instant construction work is completed, the Plaintiff is not obligated to pay to the Plaintiff the purchase cost of construction materials and KRW 35,500,000 on behalf of the Plaintiff on behalf of the Plaintiff under the above contract.

B. First of all, we find it difficult to believe the result of the Plaintiff’s questioning that the Defendant C agreed on behalf of the Defendant Company as the agent of the Defendant Company, which appears to correspond to the Plaintiff’s argument that the Plaintiff agreed on behalf of the Defendant Company as the agent of the Defendant Company, and there is no other evidence to acknowledge the Plaintiff’s assertion. Therefore, the Plaintiff’s assertion is without merit. Next, we examine the Plaintiff’s assertion as to the foregoing 2, and indicate that the Defendant Company granted the right of representation to the Defendant C, or the Defendant Company.

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