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(영문) 대전고등법원 2019.12.11 2019나11010
물품대금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's successor's claim corresponding to that part is revoked.

Reasons

1. Basic facts

A. A Co., Ltd. (hereinafter “A”) entered into a contract with the Defendant for the supply of goods, such as waterproof materials, in relation to D Construction, E Construction, F Construction, G Construction, and H Construction, etc. (hereinafter “each of the instant construction projects”) that the Defendant had subcontracted with the Defendant (hereinafter “each of the instant construction projects”), and supplied goods at each of the instant construction sites from January 2015 to December 2016.

B. A supplied goods to the Defendant from January 2015 to December 2016, 2016, and issued a tax invoice for the supply of goods. As above, the amount of goods for which A issued a tax invoice is KRW 877,546,808, as indicated in attached Table 1.

C. M, a real operator at the construction site of A, introduced N to the Defendant as a person in charge of human resources management duties in each of the instant construction sites. From March 2015, N performed the work of inserting and managing human resources at each of the instant construction sites. A paid part of the personnel expenses and other expenses incurred while N in performing human resources management duties on behalf of N.

Under the instant commodity supply contract, the Defendant paid KRW 676,46,506, as stated in attached Table 2, to A from February 17, 2015 to January 26, 2017. ② On behalf of A, the Defendant repaid KRW 180,276,00 in total to L on August 2, 2017, as indicated in attached Table 3: (a) as the joint surety for the debt owed to A (hereinafter referred to as “L”); (b) the Defendant paid KRW 117,879,581, as the joint surety for the debt owed to A (hereinafter referred to as “L”).

E. Meanwhile, on April 4, 2018, A filed the instant lawsuit against the Intervenor succeeding to the Plaintiff.

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