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(영문) 창원지방법원 2020.06.05 2019나59353
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The plaintiff's assertion

A. A. On January 22, 2016, a cooperative (hereinafter “Non-Party Cooperative”) concluded a contract with the Defendant to supply ready-mixed 1,105.8 cubic meters (Standard 25-21-120 cubic meters and Standards 25-24-150 cubic meters and Standards 25-24-150 metres 846.9) with respect to the newly constructed construction (hereinafter “instant contract”). The instant contract is a contract entered into by the Non-Party Cooperative on behalf of the Plaintiff, a member of the cooperative.

B. Under the instant contract, the Plaintiff supplied the Defendant with the size of KRW 73,187,430 (hereinafter “instant price”) 1,079.5 cubic meters (standard 25-21-120 cubic meters and size 25-24-150 cubic meters) of ready-mixed 242 cubic meters (standard 25-24-150 cubic meters).

C. Of the instant payment, the Defendant paid to the Plaintiff only KRW 60,932,310 (Standard 25-21-120 cubic meters, KRW 5,146,060, and Standard 25-24-150,000, KRW 55,786,250,000, KRW 12,255,120,000,000,000,000,000 cubic meters, from the other 188,000 cubic meterss.)

Therefore, the defendant is obligated to pay to the plaintiff 12,255,120 won and damages for delay.

2. Determination

A. The Defendant’s decision as to the party to the contract of this case was supplied with 891.5 cubic meters of ready-mixed in accordance with the contract of this case and paid 60,932,310 won (standard 25-21-120 cubic meters of 79 cubic meters of 5,146,060 and price 55,786,250 cubic meters of 25-24-150 cubic meters of 812.5 cubic meters of 25-25,000), but there is no dispute between the parties, but the Defendant argued that the party to the contract of this case is a non-party partnership that is not the Plaintiff and thus, she will examine

In light of the following facts and circumstances, the parties to the contract of this case are the non-party partnership that is not the plaintiff, in light of the evidence Nos. 1 and 3 (including paper numbers; hereinafter the same shall apply) and the evidence Nos. 1 through 4 as seen below.

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