(영문) 울산지방법원 2019.01.16 2018가단58457

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(영문) 울산지방법원 2019.01.16 2018가단58457

물품대금

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1. The Defendant: (a) KRW 34,221,00 for the Plaintiff and its related KRW 6% per annum from October 13, 2016 to May 14, 2018; and (b) May 15, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of wholesale and retail business of machinery tools, construction industry, machinery tools, machinery and equipment trade business, etc., and the Defendant is a company established for the purpose of manufacturing steel products.

B. On September 2016, the Plaintiff: (a) decided to import the said goods from a Chinese company (D) to deliver 1,050 (720m length 1,80m 720m m2,200m m2,00m 330m m20m m20m m2 in length; and (b) carried the said goods to arrive at the Incheon port on October 10 of the same year, which was necessary for the Defendant’s construction site of “C Corporation” (hereinafter “Defendant’s construction site”); (c) the Plaintiff imported the said goods from the Chinese company (D) in order to deliver the 1,800m m2,00m m2,00m m330m m2; and (d) the said goods to arrive at the Incheon port on October 10 of the same year.

C. However, upon the Defendant’s request, the Plaintiff received the same kind and quantity of the instant goods from E (E; hereinafter “E”) to meet the payment period for the instant goods, and supplied them to the Defendant’s Seosan Construction Site on October 11, 2016. From September 9, 2016 to November 30 of the same year, the Plaintiff received KRW 34,221,00 in total from the Defendant.

On October 13, 2016, the Plaintiff supplied the instant goods to F Co., Ltd. (hereinafter referred to as “F”) that is a self-subsidiary company of the Defendant Company.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 4, 7 through 9 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. The key issue of the instant case was: (a) the Plaintiff entered into a contract on the import and delivery of the instant goods with the “Defendant Company”; and (b) around October 13, 2016, supplied the said goods to F with the Defendant’s instructions; (c) the Defendant asserts that he is liable to pay the said goods to the Plaintiff; (d) the Defendant agreed to be supplied with the G Co., Ltd. (hereinafter “G”) with the file for the said goods; and (e) the Defendant agreed to be supplied

유사 판례

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