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(영문) 대구지방법원 2019.04.04 2018가단130593
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff is a private entrepreneur who runs a wholesale and retail business of temporary materials for construction with the trade name called E, and the Defendant is a construction company that runs a reinforced concrete construction business.

2. The plaintiff asserts as follows as the cause of the claim in this case.

The Plaintiff supplied temporary materials for construction at the request of the Defendant, a subcontractor, at the F&G site of the Daegu Metropolitan City, which was ordered and executed by the Defendant. The Plaintiff and the Plaintiff and the K-FFG agreed to be paid directly by the Defendant to the extent of the progress payment that the Plaintiff would have paid for the goods unpaid in relation to the construction materials that were supplied until June 29, 2015, and the Plaintiff agreed to be paid directly by the Defendant within the extent of the progress payment that the Plaintiff would have paid to the Defendant, a subcontractor. Accordingly, the Defendant did not pay the Plaintiff KRW 29,874,470 on September 15, 2015, but did not pay the remainder of KRW 45,874,470 on October 10, 2015.

3. However, as alleged by the Plaintiff, the Defendant, who was the subcontractor, agreed to pay the goods price supplied by the Plaintiff to G, a subcontractor, in the form of a direct payment.

There is no evidence to acknowledge that the defendant consented to the same agreement between the plaintiff and the Bank of Bankruptcy even after the fact.

The fact that the defendant paid part of the goods supplied by the plaintiff to the KMG is not presumed to have made a three-party agreement or the consent of the defendant.

4. Therefore, the plaintiff's claim of this case cannot be accepted, and it is dismissed on the premise that three parties, such as the plaintiff's assertion, or the defendant's ex post facto consent was given.

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