logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2016.10.14 2015가단26305
물품대금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On February 4, 2015, the Plaintiff asserted that the Plaintiff entered into a contract for the supply of goods with the Defendant (B’s agent) on the supply of 300mt of steel bars (hereinafter “instant supply contract”). Nonparty C, the owner, jointly and severally guaranteed this contract.

Pursuant to the above contract, the Plaintiff supplied 64,229,837m2 (hereinafter “instant real estate”) totaled to the 6,729m2 in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, the construction site on February 6, 2015 and February 26, 2015, pursuant to the said contract, the Plaintiff is obligated to pay the amount stated in the purport of the claim to the Plaintiff. Thus, even if the Plaintiff did not have the right of representation to the said B, the Defendant is liable to pay the amount stated in the purport of the claim to the Plaintiff. As such, even if the Defendant did not raise an objection to the said construction contract, the Plaintiff ratified the said construction contract as

2. Determination 1) In light of the following facts: (a) No. 8-1 and No. 2 (each contract for the supply of goods) cannot be considered as evidence because there is no evidence to prove the authenticity thereof; (b) evidence No. 10 (purchase order) is merely prepared by C and thus it is difficult to believe it; and (c) the witness’s testimony is also difficult to believe it. In addition, there is no objective evidence to deem that B is an employee of the Defendant, or the Plaintiff was granted the power of representation regarding the conclusion of a contract for the supply of goods; (b) there is no evidence to regard it as being carried out by the real estate of this case; and (c) there is no evidence to deem that the construction was carried out in the real estate of this case; and (d) there is no evidence to support that the remaining evidence submitted by the Plaintiff was concluded between the Plaintiff and the Defendant or that the Plaintiff was supplied to the Defendant as alleged otherwise by the Plaintiff.

arrow