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1. The Defendant shall pay to the Plaintiff KRW 42,556,80 and the interest rate of KRW 12% per annum from February 12, 2019 to the date of full payment.
Reasons
1. Basic facts
A. On February 2018, the Defendant was awarded a subcontract for a part of the Newly constructed construction work (hereinafter “instant construction work”) from E Co., Ltd. (hereinafter “E”) that performed “D New Construction Work at Sinsi-si” (hereinafter “E”).
B. On May 28, 2018, the Plaintiff supplied a household communications distribution machine equivalent to KRW 42,556,800 (hereinafter “instant product”) to the instant construction site, which is engaged in wholesale and retail business of wire and wireless telecommunications materials.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 2, 3, and 6, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The Plaintiff entered into a contract with the Defendant for the supply of the instant goods (hereinafter “instant supply contract”) and supplied the instant goods at the construction site of this case. As such, the Defendant is obligated to pay the Plaintiff KRW 42,556,800 for the instant goods.
2) The Defendant’s assertion that the instant construction was subcontracted by E is an electrical construction, whereas the Communications Corporation was subcontracted by F Co., Ltd. (hereinafter “F”) to complete the instant construction. The parties to the instant supply contract that supplies the instant goods necessary for the Communications Corporation are not the Defendant, but F.
B. Determination 1) Determination of who is a party to a relevant legal doctrine constitutes an issue of interpreting the intent of the party involved in the contract (see Supreme Court Decision 2013Da2245, Apr. 26, 2013). In relation to the determination of a party to a contract, if both parties agree, the party to the contract must be determined according to the same intent, and if both parties fail to agree, a reasonable person should be determined by authorization to understand who is the party to the contract, based on the specific circumstances before and after the conclusion of the contract, such as the nature, content, purpose, and circumstance of the contract.
2) Determination Dogs, Eul evidence Nos. 2, 4, and 8 (with a number).