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(영문) 수원지방법원평택지원 2016.10.20 2015가단47605
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserted by the parties through the defendant that he concluded a contract with B on October 18, 2013 (hereinafter referred to as "non-party company") to place an order for construction works in the 15 Campers (hereinafter referred to as "the instant construction contract"). The defendant, on November 6, 2013, ordered the plaintiff to provide the parts or materials necessary for the instant construction works, entered into a sales contract with the defendant for the parts or materials necessary for the said construction works. The parts and materials are directly supplied to the non-party company. Accordingly, even though the plaintiff paid KRW 60 million to the non-party company as part price, the defendant provided only approximately KRW 14,00,000 to the non-party company, but the remaining parts were not supplied to the non-party company, and thus, the construction works in this case was eventually prevented, and the defendant's obligation to cancel the contract with the defendant's complaint and the remaining parts or materials, and thus, the defendant claimed that the remaining parts and materials were paid to the plaintiff as a copy of the contract.

In regard to this, the defendant only entered into a delegation contract with the plaintiff to manage whether the contract of this case was properly implemented, and the non-party company entered into a contract with the non-party company with the supply of major parts to the non-party company for the obligation to perform to the plaintiff, and is merely merely an execution assistant of the non-party company, and did not enter into a contract with the plaintiff for

2. According to the reasoning of the judgment below, Gap evidence 2, Gap evidence 6-1 and Eul evidence 6-2, and witness Eul's testimony, the plaintiff paid 60,000,000 won to the defendant's side on November 6, 2013, and 60,000,000 won on December 5, 2013. In this regard, as of December 5, 2013, the defendant was paid from the plaintiff as above under the name of materials and parts related to the construction of this case.

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