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1. The defendant delivers building materials listed in the attached list to the plaintiff, and delivers the above building materials.
Reasons
1. Determination on the cause of the claim
A. The Plaintiff had the Defendant, who is a church believers, manage the purchase of materials, etc. in relation to the construction of the Allied Egyptian Education Center. On around 2014, the Defendant entered into a contract with the original Defendant for the said new construction work to ensure the convenience of the payment of the construction cost, etc. after registering the business with the trade name C, and entered into the contract with the original Defendant, and purchased the Bgyptian Education Center, which is a construction material listed in the attached Table (hereinafter “instant construction material”) from the Bgysia Co., Ltd., in KRW 59,400,00 from the Bgysia Co., Ltd., and Schlage purchased at KRW 30,742,00.
B. Since then, the said new construction was suspended, and the Plaintiff requested the Defendant to return the instant construction materials more than once after March 22, 2016, but the Defendant refused to comply therewith.
【Reasons for Recognition】 Each entry of evidence Nos. 1 through 4, and the purport of the whole pleadings
C. As such, ① although the instant building material was purchased under the name of the Defendant, it was due to the Plaintiff’s purchase of it under the name of the Defendant, and its substance was merely the Defendant’s overall management of the said new construction work, and thus, the owner of the instant building material should be deemed the Plaintiff. ② Since the Defendant has overall management of the construction work until the discontinuance of the said new construction work, it is presumed that the instant building material has been possessed by the Defendant until now. ③ Considering the purchase price, etc. of the instant building material, the price is equivalent to KRW 90,142,00, the Defendant is obligated to deliver the instant building material to the Plaintiff, barring any special circumstances, and to pay KRW 90,142,00,00 if it is impossible to deliver the instant building material.
As to this, the defendant is merely a formal document prepared for the convenience of loans between the original defendant, and he is the contractor.