(영문) 부산지방법원 2016.04.22 2015나10636

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(영문) 부산지방법원 2016.04.22 2015나10636

레미콘대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The plaintiff asserts that the defendant should pay the unpaid amount to the plaintiff, since he/she supplied ready-mixeds to the defendant and did not receive the payment of KRW 4,902,480.

As to this, the defendant asserts that the plaintiff was B and the plaintiff was a person who received the price by concluding a supply contract for ready-mixed, and that he was merely introduced B to the plaintiff, not a party who entered into a supply contract for ready-mixed with the plaintiff.

2. Determination

A. According to Gap's statement as to whether the defendant is a party to a contract for the supply of ready-mixeds with the plaintiff, and according to Gap's statement as to Gap's certificate (including the number of pages) and the order of submission of tax information as to the receipts and documents of this court, the result of the order of submission of tax information as to the receipts and documents of this court, and the purport of the whole pleadings, the plaintiff shall be deemed to be a "supplier," and the defendant who operates a construction business with the trade name of Eul as "the supplier," and the plaintiff issued a tax invoice of KRW 4,902,480 on April 30, 2014 (including value-added tax; hereinafter the same shall apply) and the tax invoice of KRW 5,923,830 on May 31, 2014, and the defendant may recognize the fact that he received input

According to the above facts, since the defendant is the counterpart to each of the above tax invoices issued by the plaintiff, and the tax office voluntarily reported that he is the party to the above tax invoices and deducted the input tax amount, it is reasonable to deem that the defendant is the party to the ready-mixed supply contract, and there is no objective data to regard B as the party to the supply contract of ready-mixed.

B. According to each of the above evidence by the defendant's duty to pay the plaintiff, since the defendant can be found that the amount of ready-mixed supplied by the plaintiff with ready-mixed as stated in the above tax invoice and did not pay to the plaintiff is 4,902,480, the defendant is liable to pay the above ready-mixed price and damages for delay.

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