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(영문) 광주지방법원 2016.08.24 2015나10673
물품대금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On May 30, 2014, the Defendant changed the construction cost of KRW 1.3398 billion from the Dong Mine Construction Co., Ltd. to KRW 1.357 billion on September 4, 2014.

(Inclusion of value-added tax; hereinafter the same shall apply) and period of construction from May 30, 2014 to December 31, 2014, received contracts.

B. At the site of the instant construction site, D, who is the head of the Defendant’s field management team, possesses a name of the same or similar pattern as that used by the Defendant’s officers and employees (the name, location, telephone number, and name of D, etc. of the Defendant are inscribed, but the title is not indicated) and was permanently stationed in the construction site, and subcontracted the instant construction project by field or process, and requested the luminous Construction Co., Ltd. in the Defendant’s name.

C. From July 1, 2014 to December 9, 2014, the Defendant remitted a total of KRW 410 million to D’s account. D.

From April 19, 2014 to January 2015, the Plaintiff supplied fuel, such as vehicles used by the employees at the instant construction site and equipment, etc. to the site. The amount of oil supplied from September 2014 was fully paid, but the amount of oil supplied from October 19, 2014 to January 2015 was not paid KRW 15,623,80.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 4-20, Eul evidence 1 and 4-2, the purport of the whole pleadings

2. The plaintiff's assertion that the defendant is responsible for the price of oil as set forth below, and thus, the plaintiff is obligated to pay 15,623,800 won and damages for delay.

On April 19, 2014, the primary argument is that the plaintiff requested the supply of oil from E, the representative director of the defendant, and supplied the oil, so the defendant bears the contractual responsibilities as the party to the oil contract.

B. As the conjunctive defendant's assertion, the oil supply contract is not a party to the contract.

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