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(영문) 대구지방법원서부지원 2016.09.29 2015가단14161
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that sells building materials, such as wood, and the Defendant is a company that runs construction business, etc.

B. The Plaintiff from March 27, 2015 to the same year

6. By no later than 15.15, the Defendant supplied construction materials, such as wood, at the site of the construction of the 57-1 Gangseo-dong Chosan-dong 57-1 and the 2nd apartment (hereinafter “instant construction”).

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including each number), and the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff supplied building materials, including wood, equivalent to KRW 82,256,020, in total in accordance with the goods supply contract with the Defendant. Since the Plaintiff did not receive the total amount of KRW 27,143,820 on May 2, 2015 and June 2015, the Defendant is obligated to pay the Plaintiff the said unpaid amount and damages for delay. Even if the Plaintiff and the Defendant did not conclude an explicit goods supply contract between the Plaintiff and the Defendant, the Plaintiff supplied goods at the construction site of the instant case, and received the payment from the Defendant by issuing and delivering the tax invoice under the name of the Defendant, and thus, the goods supply contract should be deemed to have been concluded between the Plaintiff and the Defendant.

3. According to each description of evidence Nos. 1, 2, and 1, 2-1, 3-2 of the evidence Nos. 1, 2-1, and 2, the Plaintiff issued and issued a tax invoice under the name of the Defendant on the goods supplied at the construction site of this case, and it can be acknowledged that the Plaintiff received the payment directly from the Defendant on March 2, 2015 and April 2015. However, the following circumstances, which are acknowledged by considering the overall purport of the pleadings as a whole in each of the evidence Nos. 1 and 13 (including the numbers), the Plaintiff awarded a subcontract to B of the instant construction to which the Plaintiff had a regular business director of A, and B gave a direct payment to the Plaintiff on behalf of the Defendant on materials and food expenses, including the price of materials and food materials for the Plaintiff on March 2, 2015 and April 2015.

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