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(영문) 대구지방법원포항지원 2015.03.10 2014가단301961
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The party's assertion

A. The Plaintiff asserted that he/she was ordered by the Defendant through A, who introduced the Plaintiff as the Defendant’s employee around July 2013, and received an order from July 12, 2013.

8. up to September, 198, the steel materials worth KRW 48,616,355 were supplied to the Defendant. Since the steel materials remaining in 30,616,355, the Defendant, as a party to a sales contract, is liable to pay the said amount to the Plaintiff as a party to the sales contract.

Even if it is not so, the plaintiff knew of the other party to the transaction and issued the tax invoice, etc. in the name of the defendant, so the defendant is at least responsible for the name lender's liability

B. The Defendant asserted that the Defendant was awarded a contract for the construction work of a C-factory in Samsung-si on March 2013 (hereinafter “instant construction work”), and subcontracted the steel framed to A on or around May 2013, and did not conclude a sales contract for steel materials with the Plaintiff.

In addition, there is no fact that the defendant has permitted A to run a business using the defendant's trade name, and there is no fact that A has granted the right of representation or has indicated the granting of the right of representation.

2. From July 12, 2013, the Plaintiff received an order for steel materials from A to the same year.

8. Until September, 8. The fact that steel-framed materials worth KRW 48,616,355 in total were supplied to A, the fact that the Defendant issued a tax invoice on the price for steel-framed materials, and the fact that the advance payment of KRW 18,00,000 in the name of the Defendant was deposited to the Plaintiff is not in dispute between the parties, or it is recognized according to the statements in subparagraphs A through 8 and the witness’s testimony.

However, in full view of the purport of Gap's testimony and arguments, around May 2013, after being awarded a subcontract for the steel framed among the instant construction works by the defendant, A was supplied with steel framed materials from the plaintiff around July of the same year and used them at the construction site of this case and other construction business operators' subcontracted to the plaintiff, and A was registered as a business operator.

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