logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.04.14 2015나25621
물품대금
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 following facts do not conflict between the parties, or each entry of Gap evidence 1-1-3, Gap evidence 2-1-23, and Gap evidence 4 may be admitted by integrating the whole purport of the pleadings. A

Around November 2013, the Defendant entered into a construction subcontract (hereinafter referred to as the “instant subcontract”) that stipulates that the process electrical construction (hereinafter referred to as the “instant construction”) among the construction works for the construction works of the Yancheon Factory (hereinafter referred to as “instant construction”) to be subcontracted for construction cost of KRW 275,000,000, among the construction works for the construction works of the YYADD Co., Ltd. (hereinafter referred to as the “CY”) under a contract with the Sam Chang

B. From February 2014 to May 2014, the Plaintiff supplied various electric materials, etc. equivalent to KRW 21,886,524 of the price at the construction site of this case.

C. The Defendant paid 19,389,414 won out of the price of supplied goods to the Plaintiff.

2. Judgment on the parties' arguments

A. According to the facts acknowledged prior to the determination on the cause of the Plaintiff’s claim, the Defendant is obligated to pay the Plaintiff the price of supplied goods (=21,886,524-19,389,414) to the Plaintiff who supplied various electric materials, etc. at the construction site of this case, barring any other special circumstances, as the subcontractor of the instant construction project.

B. The defendant's assertion 1) The defendant, first, concluded the subcontract of this case in fact between Sam Chang-N, and the party who performed the construction of this case, was merely a representative D, and the defendant entered into the subcontract of this case in the name of Sam Chang-N and the defendant by lending the name to C at D's request. Since C ordered various electric materials and received them from the plaintiff, the defendant does not bear the obligation to pay the price of supplied goods to the plaintiff. However, the defendant's assertion in this part is without any evidence to prove the fact of the above assertion.

arrow