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(영문) 수원지방법원 2015.12.02 2015나2321
물품대금
Text

1. Of the judgment of the court of first instance, KRW 11,239,00 against the Plaintiff and its related thereto from June 12, 2010 to December 2, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who engages in wholesale and retail business with the trade name of “C”.

B. From April 6, 2010 to the same year, the Plaintiff

6. By November 1, 200, scrap metal was supplied to the construction site of D University E (hereinafter “instant construction”).

[Ground for Recognition: Facts without dispute, Gap evidence 1-1 and 2, purport of the whole pleadings]

2. The parties' assertion

A. The Plaintiff’s assertion concluded a contract with the Defendant for the supply of hardware and supplied hardware to the construction site of this case at the Defendant’s request, but did not receive KRW 11,878,590 for the goods.

Therefore, the defendant shall pay the above price of goods and damages for delay to the plaintiff.

B. The Defendant’s assertion is the primary contractor of the instant construction project, which is the primary contractor, and the contractor is the promotion construction company (hereinafter “promotion construction”).

The defendant is employed by the promotion construction, and is employed as the leader of the mold of reinforced concrete construction at the construction site of this case, and only ordered the plaintiff with steel in the name of the promotion construction as necessary.

Therefore, the subject who is obligated to pay the price of the steel products to the plaintiff is not the defendant but the promotion construction as the contracting party.

3. Determination

A. The plaintiff was found to have been aware of the facts of recognition from April 6, 2010 to the same year.

6. Until November, 198, steel products worth KRW 14,939,00 were supplied at the construction site of this case.

2) The Plaintiff supplied hardware to the instant construction site and received a signature from the acquirers on the transaction specification sheet stated as “D University (Thyp or Iron Team)” by the transaction partner, and the Defendant signed several times. 3) The Plaintiff received respectively KRW 1,00,000 from the promotion construction on June 1, 2010, and KRW 2,700,000 from the Defendant on July 5, 2010 as the price for the goods.

[Ground for Recognition: Facts without dispute, entries in Gap evidence Nos. 1, 3 and 4 (including each number in the case of provisional number), the purport of the whole pleadings]

B. Determination 1.

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