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(영문) 부산지방법원 2014.11.14 2013가단62939
물품대금 등
Text

1. The Defendant’s KRW 14,560,00 for the Plaintiff and KRW 5% per annum from August 6, 2013 to November 14, 2014.

Reasons

1. Basic facts

A. From April 10, 2001, the Plaintiff manufactured and supplied plastic bags for packaging fishery products to the Defendant through the head of the management department affiliated with the Defendant C.

B. On August 21, 2012, the Defendant changed the policy to select a supplier of plastic bags for the packaging of fishery products through competitive bidding, and announced it to the outside, and the Plaintiff was deprived of competitive bidding conducted by the Defendant on August 28, 2012.

On September 21, 2012, the Plaintiff received 3 million won as a contract deposit from the Defendant.

C. The Defendant paid 13,288,000 won for the portion supplied on July 10, 2012 by the Plaintiff on August 10, 2012.

[Ground of recognition] The facts without any dispute, Gap 1, 6 through 13, Eul 1, 8, witness D's testimony, fact-finding results, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) In the first place, the Defendant is obligated to pay KRW 25,12,00,00 to the Plaintiff, who was supplied with plastic bags for packaging fishery products by the Plaintiff via C, the managing director, as a contracting party to the contract with which the Defendant was supplied with plastic bags for packaging fishery products by the Plaintiff. The Defendant is obligated to pay KRW 5,60,000,000, carried over to the Plaintiff until July 2, 2012, KRW 9766,00,000,000,000,000 on August 9, 2012, KRW 480,000,000,000,000,000,000 to the Plaintiff. In addition, even if the Defendant was supplied with the goods by the Plaintiff on an individual basis, the Defendant is obligated to compensate the Plaintiff for damages equivalent to the above outstanding amount, as it is individually alleged by the Plaintiff.

Therefore, the defendant is not a contracting party, and the employer liability is not established.

B. Determination 1) Evidence Nos. 2, 13, and 6 of the goods supplied by the Plaintiff (each note, the existence of the goods supplied by the Plaintiff, and the specific amount indicated therein.

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