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Reasons
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(영문) 인천지방법원부천지원 2016.10.21 2015가단15858
물품대금
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1. The plaintiff's primary claim against the defendant Gabro Co., Ltd. is dismissed.

2. Defendant A, Inc.

Reasons

1. The facts following the facts of recognition do not conflict between the parties, or can be acknowledged in full view of Gap evidence No. 1, Gap evidence No. 7 to Gap evidence No. 22, Eul evidence No. 4, Eul evidence No. 5 (including the number of each branch), and the purport of the whole pleadings.

On November 18, 2013, Defendant A (hereinafter referred to as “Defendant A”) was awarded a contract for Cown Construction Co., Ltd. (hereinafter referred to as “instant construction”).

B. On February 18, 2014, Defendant A and Defendant A written a contract (Evidence B B and 5) with the content that Defendant A entrusted the manufacture of the instant construction work to Defendant A’s Gacker C’s Cuber C to the instant construction work.

C. The Plaintiff was produced and supplied at the construction site of this case from July 2014 to December 2014 (hereinafter “instant goods”), but did not receive KRW 141,073,528.

2. The assertion and judgment

A. 1) The plaintiff's assertion 1) since the plaintiff did not manufacture and supply the goods of this case at the construction site of this case at the request of the defendant ABC, and was not paid 141,073,528 won, the defendant ABC is obligated to pay it. Even if the contractual relationship between the plaintiff and the defendant ABC is not acknowledged, the plaintiff manufactured and supplied the goods of this case upon the plaintiff's request by the defendant A, and the tax invoice was issued to the defendant A C, and the tax invoice was issued to the defendant AB C, upon the defendant A's request by the defendant A, paid the price to the defendant ABC and paid it again to the plaintiff. Thus, the plaintiff can be deemed to have supplied the goods of this case. Thus, since the defendant A did not pay 141,073,528 won for the goods of this case, the plaintiff is obligated to pay it to the plaintiff (the plaintiff of this case after the plaintiff's complaint against the defendant ABC.

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