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(영문) 전주지방법원군산지원 2013.11.07 2013가단8217
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant has completed business registration under B, and is engaged in construction business, etc.

B. C Co., Ltd. is a subcontractor who has obtained a license for steel structure construction business (a steel structure). D police station, E elementary school construction business, FIC construction business, etc.

C. The Plaintiff supplied steel to each of the above construction sites. As the Plaintiff did not receive the price of goods KRW 73,332,790 among them, the Plaintiff filed a lawsuit against the Jeonju District Court for seeking payment of the price of goods unpaid under the Jeonju District Court 2012Kadan19098. On March 7, 2013, a settlement recommendation was issued from the above court to the effect that “C stock company shall pay the price of the unpaid goods to the Plaintiff KRW 73,332,790, which was finalized around that time.”

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. Since a person who received steel products from the Plaintiff’s assertion is not C corporation but Defendant, the Defendant is obligated to pay the price for the goods unpaid to the Plaintiff.

B. The defendant's assertion of violation of res judicata is alleged to the effect that the lawsuit of this case where the plaintiff filed a lawsuit against C corporation seeking payment of the above goods and the decision of recommending settlement became final and conclusive, and again sought payment of the same goods against the defendant is contrary to the principle of res judicata, and is contrary to res judicata. However, the subjective scope of res judicata is, in principle, limited to the party, the successor after the closure of pleadings, or the person who held the object of the claim on behalf of the plaintiff or the defendant where the plaintiff or the person who became the defendant received a final and conclusive judgment, except where it is stipulated that the effect of res judicata is effective on the third party in a family relation lawsuit, company relation lawsuit

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