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(영문) 창원지방법원 2015.02.04 2014나7678
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. According to the overall purport of Gap evidence Nos. 1 through 4 of the judgment on the cause of the claim and the entire pleadings, it is recognized that the Plaintiff supplied the Defendant with the construction materials, such as steel products in an aggregate of KRW 35,176,240 (hereinafter referred to as the “construction materials in this case”) from March 201 to May 201.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff KRW 6,176,240, which the Plaintiff claimed among the price of the building materials in this case, and delay damages therefor.

2. Judgment on the defendant's assertion

A. The Defendant’s assertion that he received the instant construction materials from the Plaintiff is not the Defendant, but the Defendant’s comprehensive construction of Tye Co., Ltd. (hereinafter “Tye Construction”).

The defendant is an employee of the above company and only managed the construction site of the above company to which the construction material of this case was invested, and thus it cannot comply with the plaintiff's request.

B. In light of the following circumstances acknowledged by the above evidence and evidence Nos. 1 and the purport of the entire pleadings, the evidence submitted by the Defendant alone lacks to reverse the recognition of the above facts, and no other counter-proof exists.

Therefore, the defendant's above assertion is without merit.

1) In the process of supplying the instant building materials, a tax invoice was issued by the Defendant to be supplied with C as the representative of the Defendant, and the Defendant received the tax invoice issued as above and filed a tax return. 2) The part of the price of the instant building materials that was already paid to the Plaintiff was transferred to the Plaintiff

3 The defendant asserts that he is only an employee of Typ Construction, but the submission of materials alone is insufficient to recognize this.

3. The plaintiff's claim of this case is accepted on the grounds of its reasoning, and the judgment of the court of first instance is just with this conclusion. Thus, the defendant's appeal is dismissed as it is without merit.

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