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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Plaintiff
At the time of construction of a new building used by the Defendant, the Plaintiff supplied ready-mixeds to the Defendant from August 26, 2013 to December 30, 2013. As such, the Defendant is obligated to pay the Plaintiff KRW 68,454,50 for ready-mixeds.
Judgment
According to Gap evidence Nos. 1, 3, 6, 7, and 3 and 4, the plaintiff supplied ready-mixed for the construction of a new building currently used by the defendant, the plaintiff entered into a contract for the supply of ready-mixed with Eul for the supply of ready-mixed, the owner of the building in the construction of the above building changed from Eul to the defendant, and the defendant's auditor's fact at present is recognized.
However, without any dispute, Gap 3, 7, 6 evidence, Eul 3 and 4 comprehensively consider the following circumstances, which are acknowledged as being a whole of the arguments as follows; ① The other party who entered into a contract for supply of ready-mixed with the plaintiff is Eul who is not the defendant; ② the plaintiff entered into a contract for supply of ready-mixed with the plaintiff or the plaintiff was established before the defendant was supplied; ③ The payment terms of ready-mixed supply contract column for the amount of KRW 43,097,00 for credit incurred at the above site as of August 26, 2013, the Eul and Samyang companies agreed to claim cooperation from the certified judicial scrivener, and the representative shall be responsible and deposited for the amount generated after November 18, 2013, and the deposit date shall be the last day of the following month; ② there is no evidence to conclude that the defendant had concluded a contract for supply of ready-mixed on behalf of the defendant; ④ there is no lack of evidence to acknowledge that the defendant submitted the payment terms to the plaintiff.
The establishment of the defendant by the plaintiff must be revoked as a fraudulent act, for the purpose of evading the obligation to pay ready-mixeds.