(영문) 수원지방법원성남지원 2017.06.14 2016가단13726

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(영문) 수원지방법원성남지원 2017.06.14 2016가단13726

물품대금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. From July 2013 to October 2013, the Plaintiff’s summary of the Plaintiff’s assertion supplied goods equivalent to KRW 26,000,000 at the construction site at the construction site at Yeongdeungpo-gu, Gang-gu, Seoul Special Metropolitan City Construction Co., Ltd. (hereinafter “Defendant Company”) to the Plaintiff, and Defendant B prepared a letter of payment stating that the said amount would be paid to the Plaintiff on April 22, 2014.

Therefore, the defendants are jointly and severally liable to pay the above construction cost and damages for delay to the plaintiff.

2. Determination

A. The evidence presented by the Plaintiff to the Defendant Company alone entered into a goods supply contract between the Plaintiff and the Defendant Company.

It is insufficient to recognize the fact that the Plaintiff supplied goods to the Defendant Company, and there is no other evidence to acknowledge it.

B. According to Gap evidence No. 2 and Gap evidence No. 4 against defendant B, the plaintiff prepared a transaction statement stating "D" with the opposite contractual party, signed part of the transaction statement with the acquirer, and defendant B signed on April 22, 2014 with the purchaser. The defendant B prepared a payment statement stating that "I will pay 26,000,000 won of the material price of the unclaimed construction to the plaintiff according to each dividend rate after deducting the litigation cost when winning the lawsuit for confirmation of the existence of the right of retention in the lawsuit in progress." However, it is insufficient to recognize that the above fact of recognition was not enough to acknowledge that the defendant B promised to pay 26,00,000 won of the material price to the plaintiff, and there is no evidence to acknowledge that the defendant B was paid dividends in the lawsuit entered in the above payment statement and received dividends in addition thereto."

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

유사 판례

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