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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff asserted that he/she entered into a material supply contract with the non-party corporation construction company for young children (hereinafter "non-party corporation") that supplied construction materials to the defendant, and transported the materials, such as scars (including value-added tax) equivalent to the total of KRW 55,032,670, around October 2014, to A construction site designated by the non-party company, the non-party company was aware of the fact that the non-party company was insolvent on November 2014, and that the non-party company was on the part of the defendant.
The first defendant supplied goods according to the direct payment agreement with the agency. The second defendant had already made unjust enrichment by using the materials provided by the plaintiff pursuant to the above direct payment agreement, and the obligation to return the goods is fulfilled, and the third, the principal contractor is unable to pay the subcontract price due to the suspension of payment by the principal contractor under Article 14 (1) 1 of the Fair Transactions in Subcontracting Act (hereinafter "subcontract Act") or the cancellation of the permission, authorization, license, registration, etc. on the business, and the principal contractor is unable to pay the subcontract price at the time when the subcontractor has requested a direct payment of the subcontract price, according to the order of the subcontractor, the ordering person shall directly pay the subcontractor the subcontract price corresponding to the portion of the manufacture, repair, construction, or service performed by the subcontractor when the subcontractor has requested a direct payment of the subcontract price. The non-party company was "entrusted with the manufacture",
2. Determination
A. The non-party company entered into a contract to provide materials at the construction site A by the defendant, and the plaintiff, who is a manufacturing company, such as the Switzerland, entered into a subcontract orally with the non-party company.
on October 23, 2014, the Plaintiff issued a tax invoice of KRW 55,032,670 in total to non-party companies (i.e., value of KRW 50,029,700 in value-added tax of KRW 5,002,970 in value).
Around November 20, 2014, the non-party company filed an application for rehabilitation with the Daegu District Court on November 23, 2014, 2014 Gohap13, and the above case is the case.