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1. The Defendant’s KRW 32,929,930 as well as 6% per annum from February 24, 2017 to October 23, 2017 to the Plaintiff.
Reasons
1. Summary of the parties' assertion
A. The Plaintiff supplied construction materials to the Defendant from July 11, 2016 to February 23, 2017, and the Defendant is obligated to pay the price for the goods to the Plaintiff.
B. Although Defendant received materials from the Plaintiff from July 2016 to October 201 of the same year from the Defendant’s construction site, the construction was subcontracted to Nonparty D Co., Ltd. (hereinafter “D”) on October 31, 2016, and thereafter, the Plaintiff supplied the materials to D, so the Defendant is not obligated to pay the goods.
2. Determination
A. In light of the following facts and circumstances acknowledged by comprehensively taking account of the respective descriptions of Gap evidence Nos. 1 through 9 (including each number), Eul evidence No. 1, and Eul evidence No. 1, the Plaintiff entered into a contract for the supply of goods with the defendant and supplied the defendant with construction materials of KRW 59,912,930 during the period from July 11, 2016 to February 23, 2017.
① The Plaintiff, from July 11, 2016 to February 23, 2017, supplied construction materials equivalent to KRW 59,912,930, signed on the transaction statement stating “C Return” and signed on the confirmation of the acquirer. This was also written on the Plaintiff’s customer director as the price for the goods against the Defendant.
② The fact that the Defendant received construction materials from the Plaintiff from the Plaintiff from July 2016 to October 2016 from the Defendant’s new construction site and repaid the amount to the Plaintiff for the materials supplied during the said period.
③ On October 31, 2016, the Defendant entered into a subcontract on part of D and E New Construction, and thereafter notified the Plaintiff that the Defendant will supply goods to D and receive payment from D in the future.
It is difficult to find out that the Plaintiff entered into a new goods supply contract with D.
(A) The Plaintiff appears to have known that F, who signed the transaction statement in the column of the acquirer, was the Defendant’s managing director. The Defendant, on November 2016, 2016, is the Plaintiff.