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(영문) 서울중앙지방법원 2018.07.26 2018가단12443
물품대금 청구의 소
Text

1. Defendant B Co., Ltd.: 65,183,00 won and 6% per annum from March 24, 2015 to July 26, 2018.

Reasons

1. The part of the claim against Defendant B

A. Comprehensively taking account of the overall purport of the pleadings as to the evidence evidence Nos. 3 through 6, Defendant B Co., Ltd.: (a) was awarded a subcontract for the construction of households and stalkes among the construction of main complex buildings in both cities from ASEAN Co., Ltd. on August 26, 2014; (b) the Plaintiff supplied households and stalkes by March 23, 2015 to the construction site executed by Defendant B; (c) Defendant C, the representative director of Defendant B, signed the transaction statement prepared by the Plaintiff; and (d) the supply price to be paid is KRW 72,183,000; and (e) Defendant B transferred the price to the Plaintiff’s household, etc. supplied as above to the Plaintiff.

B. Based on the above facts of recognition, the plaintiff's claim against the defendant corporation B seeking the cost of supply of furniture and Dolcke, etc., the defendant corporation B is not liable to pay the price to the plaintiff for the following reasons.

In other words, Defendant B was only supplied with furnitures and stalkes from F company G and did not directly deal with the Plaintiff.

Even if Defendant B did not have prepared a construction contract directly with the Plaintiff, according to the above facts of recognition, Defendant B was supplied with furniture and Talves, etc. from the Plaintiff, and the representative director was signed by the Plaintiff on the transaction specifications prepared by the Plaintiff, and paid the Plaintiff the supply price. Thus, Defendant B should be deemed to have paid the supply price to the Plaintiff.

C. Therefore, Defendant B Co., Ltd. supplied the Plaintiff with the remaining KRW 65,183,00 after subtracting KRW 7,000,000, which the Plaintiff deducted from the above KRW 72,183,00, and the Plaintiff supplied the households, etc. at the last construction site.

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