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(영문) 창원지방법원 밀양지원 2018.01.16 2017가단12631
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff’s assertion by the Plaintiff is that the Defendant supplied reinforcements and reinforcements for civil engineering (hereinafter “instant materials”) equivalent to KRW 18,032,850 at the construction site of a parking lot conducted by the Defendant in Busan-gun B, and the Defendant issued a tax invoice with the amount of KRW 18,032,850 to the Plaintiff on March 31, 2016, in the sense that the Defendant directly pays the price for the instant materials to the Plaintiff.

Therefore, the defendant should pay 18,032,850 won to the plaintiff.

Around August 2015, the Defendant asserted that the construction of the above parking lot was ordered to C while performing the construction of the above parking lot. C subcontracted the reinforced soil construction part to D, and the Plaintiff demanded the supply of the instant materials is D.

The Defendant paid the entire construction price to C, but the above tax invoice was prepared in a formal manner upon C’s request. Therefore, the Defendant does not have the obligation to pay the price of the instant materials to the Plaintiff.

Judgment

The Defendant’s implementation of the construction of the above parking lot from August 2015, the Plaintiff supplied the instant materials at the above construction site, and the fact that a tax invoice was issued by the Plaintiff and the Defendant, as alleged earlier by the Plaintiff, does not conflict between the parties, or can be acknowledged by the purport of the entry of the evidence No. 1 and the entire pleadings.

However, according to the overall purport of evidence Nos. 2 and 3, C submitted a confirmation of the fact that “A was awarded a contract for the construction of a parking lot to C, C subcontracted the construction of a parking lot to D, and C received the full payment of the construction price from the Defendant,” and D is recognized as having completed the part of the construction of a parking lot, and it was established and issued a warranty against defects to the Defendant after completing the part of the construction of a parking lot.

The warranty against the defect in the name of the deceased, the D.

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