beta
Text
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
Reasons
1. The reasoning of the judgment of the court of first instance citing the reasoning of the judgment of the court of first instance is reasonable and acceptable.
2. As to the assertion made by this court
A. The plaintiff asserted that this court also ordered, accepted, or inspected ready-mixed in addition to the issuance of the tax invoice. ② The plaintiff continued to supply ready-mixed by recognizing the Gyeongnam company, the representative of the joint venture of this case, as the opposite contractual party, and the use of ready-mixed in excess of the design quantity is not due to the negligence of large-scale leisure, and it is not due to the fact that the payment burden is only between the Gyeongnam company and the Gyeongnam Leisure, and it is not known at all as the plaintiff. ③ Large-Am leisure was operated as the same company as the Gyeongnam company. The plaintiff merely issued the tax invoice to the Gyeongnam company at the request of the Gyeongnam company. The plaintiff asserted that the Gyeongnam company and the plaintiff are jointly and severally liable to pay the price to the plaintiff as stated in the tax invoice issued by the Gyeongnam company (hereinafter "this case").
B. According to the evidence adopted by the first instance court, the Gyeongnam Company ordered the Plaintiff to take over and examine the ready-mixed required for the instant construction work, and supplied it to the Plaintiff, and it is recognized that the Gyeongnam Company did not participate in the procedure of ordering, accepting, and examining the order of ready-mixed, and that the Gyeongnam Leisure did not participate in the procedure.
However, in light of the following circumstances, the aforementioned evidence and the statement of No. 12-16, and No. 18, and the fact-finding conducted by this court on the excessive leisure, the Plaintiff’s testimony and the entire purport of the pleadings by witnesses A of this court are added. In light of the following circumstances, the Plaintiff is set forth in the instant subcontract between Gyeongnam and Gyeong Inscar Leisure, and Gyeong Inscar Leisure are stipulated in the instant subcontract