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(영문) 부산지방법원 2015.11.26 2014가단245397
물품대금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The plaintiff's assertion and judgment

A. (1) The Plaintiff asserts that the Defendant, the owner of the building, is the owner of the building, and the remodeling project of the Damo-gu Busan Metropolitan City Dmo-gu (hereinafter “instant construction project”).

From January 10, 2012 to the same year

3. Until December 12, 200, an amount equivalent to 55,834,400 won of construction materials necessary for bathing works is supplied at the oral request of the husband of the Defendant (the husband of the Defendant) (hereinafter “a contract for the supply of building materials”) and the amount as stated in the purport of the claim has not yet been paid.

(2) The Defendant delegated E with all authority pertaining to the instant construction project, thereby entering into an oral construction material supply contract with the Plaintiff on behalf of the Defendant, and the Defendant is liable for the nominal lender by allowing E to use his/her name. As such, the Defendant shall pay the Plaintiff the unpaid construction material price as stated in the purport of the claim.

B. (1) In light of the written evidence evidence Nos. 1 through 5, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Plaintiff entered into a supply contract of the building materials prior to the Defendant’s husband’s request and supplied the building materials as stated in the above assertion, and there is no clear evidence to acknowledge otherwise.

(2) Even if there was a request from E, the evidence submitted by the Plaintiff alone presented by the Defendant that granted the right to representation regarding the construction material supply contract by entrusting the Defendant with all authority pertaining to the said remodeling project.

It is insufficient to recognize that a person has permitted the use of his name.

2. The plaintiff's claim is dismissed.

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