(영문) 인천지방법원 2018.01.25 2017나3611 | 리걸엔진

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(영문) 인천지방법원 2018.01.25 2017나3611

물품대금

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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

Reasons

1. The parties' assertion

A. The Plaintiff supplied the Defendant with plastic eggs equivalent to KRW 37,441,250 from October 2012 to March 2013, 2013, and received KRW 32 million out of the payment. As such, the Plaintiff sought payment of the remainder amount of KRW 5,441,250.

B. The party that entered into a goods supply contract with the Defendant is not the Defendant but C (hereinafter “C”).

When the Plaintiff supplied plastic eggs to C, C processed them and produced the Chewing, and supplied them to the Defendant.

C There is no fact that the Defendant agreed to pay the price of the goods to be paid to the Plaintiff directly to the Plaintiff.

2. Determination

A. The following facts can be acknowledged in full view of the purport of the entire pleadings in the testimony of Gap 1-1-3, Gap 2-6, and witness D of this court.

1) The Plaintiff runs the wholesale and retail business of synthetic resin with the trade name of “E”, and C is a company established for the purpose of plastic sales and assembly, and the Defendant runs the package manufacturing business with the trade name of “F.” (2) around June 2012, C entered into a contract with the Defendant to sell and deliver the Defendant a lot of gold to the Defendant and a part of the business site of “E” to the Defendant as a place for the assembly of Chewing.

3) Around October 2012, C changed the Plaintiff’s supply of plastic eggs, which are the raw materials of the Chewing pipe. Since then, the Plaintiff directly supplied plastic eggs to the Defendant and directly paid the amount to the Plaintiff between the Plaintiff, C representative D, and the Defendant. C made an agreement between the Defendant to manufacture and supply the Chewing pipe in the way that the Defendant received free payment of plastic eggs (if the contractor purchased materials and supplied them to the contractor, it shall be processed by the contractor, but the contractor shall be supplied to the contractor, and the price for the private materials shall not be paid).

유사 판례

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