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(영문) 창원지방법원 2020.11.25 2019가단13318
물품대금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. As the cause of the instant claim, the Plaintiff asserts that, between October 20, 2016 and November 23, 201 of the same year, the Plaintiff supplied steel materials on credit to the Defendant, but only received KRW 15,00,000 among them, from the Defendant, the Plaintiff merely sought payment of the remaining goods.

In regard to this, the defendant did not have any direct transaction with the plaintiff, and the non-party C (hereinafter "C company") was subcontracted the part of the "D" construction work, which was ordered by the National Armed Forces Finance Management Agency after the cancellation of the above subcontract, and entered into the labor contract with C company, which appears to be Gap 4 (direct payment agreement) upon the request of C company while entering into the contract, and affixed only the defendant's seal on the side of the defendant's name without any seal affixed to C company or the plaintiff's name, and it cannot be deemed as a document for concluding the steel re-supply contract with the plaintiff. Further, even though the defendant was cleared of the above subcontract after undergoing an interim settlement on December 22, 2016 after receiving the payment of the price by C company, it is merely merely a request for the plaintiff to present the tax invoice prepared in the future of the defendant as a transaction with C company after the cancellation of the above subcontract, and since the portion of KRW 15 million was paid by the plaintiff to the plaintiff, the defendant cannot comply with the plaintiff's claim for goods transaction.

As to this, the Plaintiff’s evidence No. 4, which is a statement of direct refusal of C company’s position, is prepared in writing with the Defendant, the Plaintiff, and C company’s three written agreements. At the time of filing a claim for the price of goods, the Plaintiff’s claim against C company first pursuant to the above certificate No. 4 was made, but C company is not capable of paying the price of goods in accordance with the direct refusal agreement with the Defendant’s genuine intent.

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