(영문) 부산지방법원 2019.05.22 2018나59892

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 부산지방법원 2019.05.22 2018나59892

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. The reasoning of the court of first instance’s explanation concerning the instant case is as follows, except for the addition of “the part added or used in 2.0 or more” and “the following 3.0 additional judgment” as to the Defendant’s assertion by adding or repeating it in the court of first instance, and thus, it is consistent with the reasoning of the court of first instance. Accordingly, it is acceptable in accordance with the main sentence of Article 4

(other than those conflict with the reasons for the judgment of the court). 2. Additional or further portions

A. Following the second 12th “supply” of the judgment of the court of first instance, “(in the case of temporary materials, such as oil pumps, the delivery by the plaintiff to the defendant for recovery after the provision to the defendant, and in the case of each material, the delivery by the plaintiff to the defendant for sale; hereinafter the same shall apply)” shall be added.

(b) Of Chapters 1 through 2, the part that “the Defendant was agreed to directly supply E with the remainder of materials, etc. other than heat satisfy,” shall be deemed to read as “the Defendant has agreed to pay E the material of the “Satfy”.

3. Additional determination

A. The defendant's assertion that the plaintiff and the defendant are the parties to the supply contract of this case, but the plaintiff and the defendant are not the parties to the contract of this case, the judgment of the court of first instance which judged the defendant as the parties

In other words, the first instance court acknowledged the fact that the supply contract of this case was concluded between the Plaintiff and the Defendant, although there was no disposition document regarding the supply contract of this case.

② The phrase “7... Items and quantities of material for payment” in the subcontract agreement (Evidence B: 3) means only “the Defendant may supply the material at the Defendant’s expense by mutual consent between the Defendant and E at the construction site.” The first instance court erred by misapprehending that “the Defendant shall pay the material except the heat to E”.

③ The Plaintiff unilaterally provides a tax invoice (No. 3) without the Defendant’s consent.

참조조문

-민사소송법 제420조

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