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(영문) 대구지방법원 2019.05.30 2018나4039

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.


1. Basic facts

A. I and F agreed to newly construct four row houses (hereinafter “the instant loan”) on the ground D in the Gyeongbuk-gun, Chungcheongnam-gun, one of the couples, and ordered the Defendant to execute the instant new loan construction.

B. Of the instant lending, Jdong obtained approval for use on March 7, 2017; Kdong May 8, 2017; Ldong and Mdong respectively on June 29, 2017; the Defendant packaged a parking lot as a concrete package as agreed upon.

C. From June 14, 2017 to July 31, 2017, the construction of the instant loan parking lot again was implemented (hereinafter “instant package construction”). In executing the instant package construction, the Plaintiff supplied an Arabic container equivalent to KRW 55,023,920 (hereinafter “instant container”) from June 15, 2017 to June 24, 2017.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 9 and 13, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the plaintiff should pay the price for the goods and damages for delay, since the plaintiff received a request for the supply of the asphalt from the defendant and supplied the instant asphalt.

As to this, the defendant asserts that there is no entry into a contract for the supply of asphalt with the plaintiff, and that the plaintiff received an order from the owner and supplied the instant asphalt.

B. According to the reasoning of the judgment, Gap evidence Nos. 4, Eul evidence No. 4, Eul evidence Nos. 4, 9, and 15, witness G of the first instance court, and H’s partial testimony, the defendant’s construction division No. 1 head G, who was the head of the site of the construction site of the loan of this case, requested N Co., Ltd. (hereinafter “N”) to estimate the packaging construction of this case. He sent a written estimate under the name of N on June 5, 2017, N and O’s employees H sent a written estimate under the name of N to the address of "Defendant He Return," Eul partially managed the packaging construction of this case, and the plaintiff was supplied with the defendant on November 1, 2017, who was supplied with the defendant on June 5, 2017.