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(영문) 서울고등법원 2017.02.09 2016나2024176
물품대금
Text

1. The judgment of the first instance court, including the modification of the claim in this court, shall be modified as follows:

The defendant.

Reasons

1. Basic facts (1) The Plaintiff is a person who has completed business registration regarding the sales, etc. of construction materials under the trade name of “F”.

The defendant is a stock company established on April 1, 2009 for the purpose of reinforced concrete construction business.

(2) From April 2009 to September 2009, a tax invoice was issued in the name of the Plaintiff on construction materials equivalent to KRW 17,023,400 in total as follows.

On April 1, 2009, 1,033,000 103,300 on May 3, 2000, 306,5606,560 on May 2, 2009; 2,336,600; 233,660; 233,660 on July 8, 2009; 212,90821,290 on August 668, 2000; 66,006,80 on August 1, 2009; 707, 300, 170,730, 170, 7300, 170, 300, 18,725,740, 7407; 303, 160, 2016.6.216.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 10, 11, Gap evidence 18-1 through 5, Gap evidence 27-1 and 27-2, and the purport of the whole pleadings

2. The plaintiff's gist of the plaintiff's assertion asserts that he primarily acquired a claim for sales price of construction materials against the defendant from C, and asserts that the plaintiff sold the construction materials in preparatory manner to the defendant and sought payment therefor.

3. Judgment as to the main claim

A. The summary of the Plaintiff’s assertion (1) (A) sold construction materials equivalent to KRW 107,476,450 in total to the Defendant from February 2, 2009 to September 2009 as follows, and the Plaintiff acquired the above product price claim against the Defendant from C.

Therefore, the defendant is obligated to pay to the plaintiff 107,476,450 won for goods and damages for delay from October 1, 2009.

The following is the subject who sold the building materials to the Defendant, and the sales proceeds, but the Plaintiff.

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