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(영문) 춘천지방법원속초지원 2016.10.05 2016가단396
물품대금
Text

1. The Defendant: (a) KRW 26,778,400 for the Plaintiff and KRW 6% per annum from September 30, 2014 to June 24, 2016; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 2013, the Defendant concluded a construction contract between Nonparty B and Nonparty B to construct a building on the land of Yong-si (the cost of construction KRW 750 million).

(hereinafter referred to as the “new construction of this case”). (b)

On December 20, 2013, and September 4, 2014, the Plaintiff supplied 26,778,400 won in total at the construction site that the Defendant was constructed.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Summary of the parties' arguments;

A. The Plaintiff’s assertion supplied ready-mixed equivalent to KRW 26,778,400 at the construction site of this case pursuant to the agreement for the supply of ready-mixed between the Defendant and the Defendant. As such, the Defendant is obligated to pay the above price and damages for delay.

B. The Defendant’s primary assertion 1) concluded the instant new construction contract with B, and recognized the fact that the construction of the new building was performed by the Defendant. However, the conclusion of the supply contract between the Plaintiff and B was that B would directly pay the price after being supplied with ready-mixed from the Plaintiff he was aware of. Therefore, the Defendant is not a party to the said contract, and thus, cannot respond to the Plaintiff’s claim. 2) The Defendant is obligated to pay the price as a party to the instant new construction contract even if the preliminary assertion was made.

Even if B, during the process of transferring all of the business rights and real estate ownership in the construction site of this case to Nonparty D, D decided to have succeeded to debt related to the site of this case as a discharge, and the Plaintiff consented to the assumption of the obligation with the discharge of the above contents, the Plaintiff cannot ultimately respond to the Plaintiff’s claim.

3. Determination

A. Determination of the cause of the claim ( who is the party to the instant ready-mixed supply contract) constitutes a party’s intent interpretation involved in the contract.

The interpretation of a declaration of intention is the objective meaning which the parties have given to the act of indication.

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