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1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The summary of the parties’ assertion is as follows: (a) between the Plaintiff and the Plaintiff, the Defendant: (b) provided the Defendant with the virtue necessary for the B ordered by the Eatech Co., Ltd.; and (c) provided the goods equivalent to KRW 34,100,000 in total from April 29, 2014 to July 10, 2014 after making an oral contract with the Defendant to pay the price in cash within 30 days after the issuance of the tax invoice; and (b) issued the tax invoice with the Defendant as the opposite contractual party; and (c) the Defendant is liable to pay the
The Defendant entered into a contract with C, not the Plaintiff, for the supply of goods, and paid the price of goods to C.
However, since the issue of whether the parties to the goods supply contract of this case are both the plaintiff and the defendant, it is a question of whether the parties to the contract are the plaintiff and the defendant, it constitutes a matter of interpreting the intent of the parties involved
(see Supreme Court Decision 2012Da4471, Nov. 29, 2012). Interpretation of a declaration of intent is clearly establishing the objective meaning that the parties gave to the act of expressing intent. In other words, in relation to the determination of a contracting party, if both parties agree, the parties to the contract should be determined according to the agreed intent. If both parties fail to agree, a reasonable person should be determined based on the specific circumstances before and after the conclusion of the contract, such as the nature, content, purpose, and circumstance of the contract.
(See Supreme Court Decision 97Da22089 delivered on March 13, 1998, etc.). According to the evidence No. 4, the Plaintiff may acknowledge the fact that the Plaintiff had a tax invoice to the Defendant. However, on the other hand, the Plaintiff may consider the entry of evidence No. 3, the testimony of the witness C, and the overall purport of the pleading, and C orders the necessary materials at the construction site following the Plaintiff’s receipt of virtue construction under the Plaintiff’s name.