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(영문) 창원지방법원 2019.01.31 2018나54757
물품대금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

The plaintiff is a corporation that runs the wholesale and retail business of Gohap wood and building materials, and the defendant is a private entrepreneur who runs the construction business, etc. under the trade name of "D."

C and E entered into a contract for the construction of a new building G-based G-based G-based G-based G-based G-based G-based G-based G-based G-based G-based G-based G-based G-based G-based G-based G-based building with the Defendant’s understanding instead of giving the Defendant a subcontract and floor construction.

C on July 28, 2016, upon obtaining the consent of the Defendant, ordered the Plaintiff Company to submit wood materials necessary for the said new construction works. At the time, upon presenting the Defendant’s business registration certificate to I, the H Point Head of the Plaintiff Company, the Plaintiff issued a tax invoice in the name of the Defendant. The Plaintiff thereafter supplied wood materials to C and issued a tax invoice to each transaction day with the Defendant as the recipient of each transaction day.

(hereinafter “instant goods transaction”). To pay the price for the instant goods transaction, KRW 7,390,600, and KRW 8,000,000 on August 26, 2016, were remitted from the account under the name of the Defendant to the account under the name of the Plaintiff for the payment of the price for the instant goods transaction.

The debtor C (Other Personal Information omitted.) content D (K) content D (Registration Number): The date of transaction for the purchase of goods - the attachment on July 28, 2016 to November 14, 2016 - the current status of the claim 23,256,600 Won 23,256,600, whichever was June 31, 2017, the principal promises to comply with the following provisions in relation to the amount not paid out of the expenses incurred in relation to the payment of the price to the above A (State).

1. The above amount shall be paid by the date of payment;

2. Where the payment is not made by the due date, the overdue interest of 25% per annum shall be additionally paid from the date of occurrence of the unpaid amount to the date of full payment ( October 26, 2016).

3. Article 16 and 16 of the Act on the Protection of Personal Information of Public Institutions, if the amount is unpaid;

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