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Reasons
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(영문) 부산지방법원 2017.02.10 2015가단213861
물품대금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company running a manufacturing business and sales business of sirens (referring to the Flange, the intermediate valves connecting pipes, and high-speed cells, etc.). The Defendant is a person who is registered as a merchant engaging in piping materials and retail business in the trade name of “B”.

B. In accordance with the order of “B”, the Plaintiff supplied Efficienb Co., Ltd. (hereinafter “Efficibiien Company”) with a total of KRW 148,955,54 as follows.

1) The sum of KRW 148,955,55,54 [based on recognition] 1-1, 2, and 3-1-3 of the evidence A, the fact-finding conducted on December 31, 2013, other than 32 of the HUBRF, and KRW 55,703,802, and KRW 32 of the HUBRF on December 31, 2013, plus KRW 43,656,228, and KRW 4) on January 31, 2014, and 148,95,555, and 554 of the 2013.

2. The parties' assertion

A. The plaintiff's assertion was received only KRW 8,968,071 from the defendant, who is the operator of "B", and the defendant is obligated to pay the remaining amount of KRW 139,987,483 (i.e., KRW 148,955,54 - KRW 8,968,071) and delay damages to the plaintiff.

B. The actual operator of “B” in the Defendant’s assertion with the Plaintiff is C, and the Defendant merely lends the name of the representative in the business registration of “B” upon C’s request, and thus does not assume contractual responsibilities for the goods payment obligation arising from the transaction between the Plaintiff and C.

3. Determination

A. The following circumstances revealed by the evidence mentioned above as the actual operator of “B” and the statement of “B” as well as the witness D’s testimony: (i) the representative of the “B”’s business registration made a transaction with “B” with the Defendant or the actual representative known to C; (ii) the Plaintiff’s business director D becomes aware of the transaction with “B” through the introduction, and exchanged contact with the Defendant while making a transaction with “B”; and (iii) until demanding the payment of the price of the goods.

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