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(영문) 수원지방법원 2017.02.23 2016가단33161
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff, a person operating wholesale and retail business of building materials, etc. under the name of “C”, was requested by the Defendant to trade necessary hardware, building materials, etc. at the Gangnam-gu Seoul Special Metropolitan City D Construction Site, and supplied the construction materials, etc. at the site where the Defendant is newly constructed from April 29, 2016 to July 14, 2016, and thus, the Defendant is obligated to pay the price for goods to the Plaintiff KRW 24,534,510 and delay damages therefrom.

B. The defendant is merely a field director under the direction of E, a subcontractor of the construction site where the plaintiff supplied building materials, etc., and is not a party who traded with the plaintiff.

2. Determination No. 1-1 to 10 alone is insufficient to recognize that the Plaintiff entered into a goods transaction contract with the Defendant, etc., and there is no other evidence to acknowledge it. Rather, according to the above evidence, evidence No. 1-2, 3, 2, 3, 4, 5-1, 5-2, and witness E’s testimony, the Plaintiff supplied building materials, etc. to the Gangnam-gu F and D ground building construction site (hereinafter “instant site”), and G, the building owner of the said new building, contracted the said new building construction to H, and H subcontracted the said construction to the Plaintiff, which is the owner of the said new building, and H subcontracted the said construction to the Plaintiff, and ordered the Plaintiff to supply the building materials, etc. to the instant site, and even in the transaction specification column issued by the Plaintiff, it can be recognized that E signed and signed.

Therefore, the plaintiff's above assertion is without merit.

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

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