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(영문) 수원지방법원 2018.01.11 2016나18361
물품대금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur who sells lighting fixtures, etc. under the trade name of “C”.

B. According to the Plaintiff’s introduction of D on June 26, 2012, according to the Defendant’s statement No. 2 (contract) No. 2, the contractor of the instant construction works is a company of the form-based fungd Co., Ltd., but in light of the purport of the entire pleadings, the Defendant seems to have actually performed the instant construction works.

(F) At the trial court, F, the owner, testified that the Defendant appears to be under the above storm, and the Defendant did not clearly dispute this issue. At the time of the construction of the instant construction site, the Plaintiff supplied lighting fixtures and diaphones (hereinafter referred to as the “instant goods”) equivalent to KRW 3,965,00 in total amount of KRW 3,395,000 (the price for lighting fixtures in KRW 3,395,000) (570,000).

C. Meanwhile, on the other hand, the instant construction project contracted the construction price of KRW 3720 million to the Grand Pungd Co., Ltd. on August 16, 201, which is the owner of the instant construction project.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 6, Eul evidence Nos. 1 and 2, D of the first instance court witness G of the party concerned, F's testimony and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The parties' assertion that the plaintiff supplied the goods of this case to the construction site of this case upon the introduction of D. Thus, the defendant asserts that he is liable to pay the price of the goods of this case and damages for delay, while the defendant asserts that he is liable to pay the price of the goods of this case to F, the owner of the construction of this case, and even if he is liable to pay the price of the goods of this case to the defendant for domestic affairs, the extinctive prescription has already expired.

B. The following circumstances, i.e., the conclusion of the contract for the delivery of the instant goods, which are acknowledged by adding the entire pleadings to the health account and evidence as to whether the other party to the contract is Defendant F.

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