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Reasons
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(영문) 수원지방법원 2016.03.31 2015나36690
물품대금
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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. Facts of recognition;

A. The Plaintiff is a person who runs wholesale and retail business, such as steel products and drys, with the trade name of “C,” and the Defendant is a person who runs construction business, such as steel products construction after completing business registration under the trade name of “D.”

B. From June 19, 2014 to August 25, 2014, the Plaintiff issued a tax invoice stating that each of the supply price (703,50 won (70,50 won) is KRW 3,465,50 on August 25, 2014 (i.e., supply price (i., supply price of KRW 3,150,50), each of the supply price (i.e., supply price of KRW 3,150,50) upon entering the Defendant’s business registration and name, and (ii) requesting a tax invoice that each of the supply price of KRW 3,150,050 (i.e., supply price of KRW 3,150,500) is KRW 315,050).

【Ground for recognition】 The fact that there is no dispute over the grounds for recognition, entries in Gap evidence 1 and 2 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The Plaintiff’s assertion 1) The gist of the Plaintiff’s assertion is that the Plaintiff supplied the Defendant with building materials, such as melting and cutting stones, for the instant interior works. Therefore, the Defendant is obligated to pay the Plaintiff the price of KRW 4,239,400 for goods and delay damages therefor. (2) The Defendant’s summary of the Defendant’s assertion is a worker employed by G Co., Ltd., operated by F from May 27, 2014 to October 30, 2014, and provided labor for the instant interior works under the name of the Defendant. On the other hand, the tax invoice issued by the Plaintiff is merely a publication of “the recipient” at F’s request.

Therefore, the plaintiff supplied F with building materials, such as folding and cutting stones for the instant interior works, so the defendant is not obligated to pay the price for the goods to the plaintiff.

B. A contract is made by a person who, in the name of another person, commits a juristic act in respect of which the person does so.

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