(영문) 부산지방법원서부지원 2019.06.26 2018가단108979

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(영문) 부산지방법원서부지원 2019.06.26 2018가단108979

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. At Jeju, the Defendant contracted the construction of the building C (hereinafter “instant construction”) and performed the construction work, and D worked as the head of the Defendant Company’s site in relation to the instant construction site.

B. Around July 2017, Defendant Company subcontracted to E the parts of “in-house funeral and interior decoration household construction” among the above construction to E with KRW 168.2 million.

(hereinafter referred to as “instant subcontract”). C.

From October 11, 2017 to October 13, 2017, the Plaintiff supplied construction materials related to interior works in the construction site of this case at the construction site of this case, and received KRW 15 million as the price for goods.

[Ground of recognition] Facts without dispute, entry of Eul evidence 5, testimony of witness D and purport of whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff supplied building materials at the construction site of this case after entering into a material supply contract (hereinafter “instant contract”) with a person who received legitimate power of representation from the Defendant or with a reasonable ground to believe that the right of representation exists. As such, the Defendant is obligated to pay 34.5 million won of the unpaid construction materials (=4.5 million won - 15 million won) and damages for delay.

B. The other party who entered into the contract of this case with the plaintiff is not the defendant, but E or F who entered into the subcontract with the defendant, and there is no justifiable reason to believe that the plaintiff has the right of representation, and the defendant is not liable to pay the above construction material price.

3. According to the statement No. 1 of the judgment of the court below, the client column of the contract of this case includes the name of the defendant company, and the defendant company’s corporate seal is affixed next thereto, but it is recognized that the defendant company’s corporate seal is affixed thereto, and considering the following circumstances acknowledged by adding the whole purport of the pleading to the statement No. 3 and witness D’s testimony, F and E.

유사 판례

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