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(영문) 수원지방법원 2020.04.29 2019나4806
물품대금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that operates a fire-fighting system materials sales business under the trade name of “C”, and the Defendant is a company that operates a fire-fighting system construction business.

B. The Defendant was awarded a contract for the construction of Gangnam F Officetel with D and E, and on December 28, 2016, subcontracted fire-fighting facility works (hereinafter “instant construction”) among the aforementioned construction works to G (hereinafter “G”).

C. From February 23, 2018 to April 18, 2018, the Plaintiff supplied materials equivalent to KRW 26,478,100 at the construction site of this case, and received KRW 5 million as material costs.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1 and 6, and the purport of the whole pleadings

2. Determination as to the claim for the payment of unpaid materials

A. 1) The Plaintiff’s assertion at the construction site of the parties is a contract for the supply of the instant materials (hereinafter “instant contract”).

(2) The Defendant is obligated to pay KRW 21,478,100,00 to the Plaintiff, on the grounds that the Defendant entered into a contract with the Defendant, and accordingly supplied the materials equivalent to KRW 26,478,100, and received KRW 5 million as the material price. Therefore, the Defendant is obligated to pay KRW 21,478,100 to the Plaintiff. (2) The other party asserted by the Defendant is not the Defendant, but G, and the Plaintiff is not entitled

B. According to Gap evidence Nos. 2, 3, and 4, the following facts are acknowledged: (a) the Plaintiff’s name stating “H” as “B director of the corporation,” and the name stating “B director of the corporation,” and H is registered as the Defendant’s internal director; (b) the Plaintiff’s statement of estimate of materials supplied at the construction site of this case and the signature of I on the bottom of the certificate of acceptance. However, in full view of the following circumstances, the evidence and evidence mentioned above as the underlying facts and the purport of the entire pleading in the evidence Nos. 3, 4, and 7 are added.

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