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(영문) 대구지방법원 서부지원 2017.01.12 2015가단22490
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. From June 23, 2015 to August 29, 2015, the Plaintiff supplied a door door (a door mold and door even) to the site chemical construction site site budget construction works (hereinafter “instant construction works”) for the Defendant’s stock company (hereinafter “instant construction works”), and failed to receive the price for goods of KRW 23,668,70.

(hereinafter referred to as “price for the instant goods”). [The grounds for recognition] The fact that there is no dispute, each entry of Gap evidence 1 through 3 (including the serial number; hereinafter the same shall apply), the witness Gap’s testimony, and the purport of the whole pleadings.

2. Assertion and determination

A. The plaintiff asserts that since the plaintiff entered into a supply contract with the defendant, the defendant is obligated to pay the price of the goods of this case to the plaintiff.

As to this, the defendant concluded a contract with B Co., Ltd. (hereinafter "B") on the title of the instant construction project and the panel construction project, and the plaintiff received an order from B and supplied it. Thus, the defendant did not have an obligation to pay the price of the instant goods to the plaintiff.

B. Comprehensively taking account of the purport of the entire arguments as seen earlier, the Plaintiff issued a tax invoice corresponding to the instant price to the Defendant on September 14, 2015, and the fact that the Plaintiff issued the Plaintiff a fire door test report and a material supply confirmation certificate to the Defendant is recognized, but the Plaintiff supplied a door at the instant construction site at the request of C, and the Plaintiff took over the said door at the above site, namely, the following circumstances acknowledged by the evidence and the evidence indicated in subparagraphs 1 through 4: (a) the Plaintiff supplied the door at the instant construction site; (b) the Defendant entered into a subcontract agreement with the construction site and the panel construction among the instant construction; (c) the door supplied by the Plaintiff was included in B; and (d) the door supplied by the Plaintiff was included in the quotation that became the basis for calculating the construction price; and (c) C agreed upon the Defendant to manage and perform the instant construction site as a representative of B; and (c) C used the name of the Plaintiff’s business director, but did not receive monthly payment from

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