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1. The Defendant’s KRW 357,039,173 as well as 19% per annum from September 4, 2013 to October 30, 2014 to the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. (1) The Plaintiff’s assertion entered into a contract with the Defendant for the supply of goods, and purchased goods to be supplied to the Defendant from Company A (hereinafter “A”) and made the Defendant deliver directly to the Defendant. As such, the Defendant is obligated to pay the unpaid amount in total KRW 357,039,173 and delay damages therefrom.
The actual parties of the goods supply contract asserted by the Plaintiff are the Plaintiff and A, and the Plaintiff received an order from the Plaintiff and supplied goods to A. However, the Defendant received the fee from A and paid the fee to the Plaintiff.
Moreover, as to the goods of this case, the defendant did not have received delivery, and the defendant's employee signed the letter of acceptance confirmation of the transaction statement, but it is merely the purport of confirming that this is not the meaning that the goods have been actually taken over, but the content of this is the same.
Therefore, the plaintiff's assertion is without merit.
B. (1) The following facts are acknowledged in full view of the conclusion of the contract with the Plaintiff and the Defendant, as well as the written evidence Nos. 1, 8 through 13, 15 through 18 (including paper numbers; hereinafter the same shall apply), and No. 3 and the purport of the entire pleadings.
㈎ 원고는 2010. 8. 2. 피고와 사이에 물품공급계약서를 작성하였는데, 이는 원고가 피고로부터 주문을 받아 피고에게 해당 물품을 인도하고 “납품완료에 관한 증빙자료(인수증 및 납품리스트)”를 첨부하여 대금을 청구하며, 피고는 이를 근거로 원고에게 대금을 지불하고 이를 지체하는 경우 연 19%의 지연이자를 지급한다는 내용이다.
㈏ 원고는 같은 날 A와의 사이에도 물품공급계약서를 작성하였는데, 이는 A가 원고로부터 주문을 받아 원고에게 해당 물품을 인도하고,...