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(영문) 서울남부지방법원 2016.04.07 2015나56456
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. On November 8, 2013, the Plaintiff supplied materials, such as synthetic timber cream, to the Defendant through the order of Nonparty B on November 8, 2013, but the fact that the Plaintiff was not paid KRW 12,127,500 can be acknowledged by comprehensively considering the purport of the entire pleadings in each of the statements in subparagraphs A through 5. As such, the Defendant is liable to pay the Plaintiff KRW 12,127,500 for the said materials price.

2. The defendant's assertion and judgment

A. First, the defendant asserts that since the defendant paid the plaintiff's employees or at least 36.5 million won exceeding the above material price to B who is delegated the right to receive the material price by the plaintiff, the material price to be paid to the plaintiff remains no longer. However, there is no evidence to acknowledge that B is an employee of the plaintiff or was delegated by the plaintiff with the right to receive the material price, the above assertion is without merit.

B. In addition, the defendant asserts that even if the plaintiff does not expressly delegate the right to receive the price of materials to B, at the time, B used the name of the plaintiff's company, and that the plaintiff is responsible for acting as an expression agent under Article 125 of the Civil Code, since the plaintiff stated that he granted the right to representation to B

However, there is no evidence to acknowledge that the plaintiff first allowed B to use the name of the company of the plaintiff's second name.

Rather, the name cards of B (Evidence No. 1) that the Defendant received are written as the representative director of Nonparty D Co., Ltd. in Daegu Suwon-gu C (However, the name cards of Plaintiff A are one of the above names.

However, the above name is clearly stated as the representative director of Eul corporation, and the office address of Eul, which is named as the name, is Daegu and is different from the plaintiff's address (Seoul Gangseo-gu, Seoul, and on the other hand, B is an individual business registration with the trade name "A" around August 6, 2013 and building materials.

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