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(영문) 대구고등법원 2017.07.06 2016나20665
물품대금
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim added in the trial is dismissed.

3. The time when the action has been brought.

Reasons

1. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the first instance except for the part resulting in a complaint under paragraph (2). Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. A part used in a trial;

A. On the 5th page of the judgment of the court of first instance, the following is added.

① The Plaintiff claimed for the payment of the material cost to the Jinjin Steel Co., Ltd. (hereinafter “Sinjin Steel”) on the premise that Co-Defendant 1 was the other party to the contract for the supply of the material in this case. The Plaintiff did not dispute the Plaintiff’s assertion and the Plaintiff’s winning judgment was rendered and confirmed pursuant to Articles 208(3)2 and 150(3) of the Civil Procedure Act.

B. On the 5th page of the first instance judgment, the following is added.

1) If the Plaintiff’s assertion: (a) the instant contract for the supply of the instant materials was concluded between the Plaintiff and the Defendant, not the Plaintiff, to be supplied with the instant materials from the Samsung Steel; (b) the Plaintiff seeks direct payment of the instant materials to the Defendant, who is the garnishee, by subrogation of the third obligor, in accordance with Article 404 of the Civil Act, in order to preserve the claim against the Samsung Steel; (c) according to the judgment as seen earlier, the Defendant received the instant materials from the Samsung Steel; and (d) barring any special circumstance, the Defendant is obligated to pay the instant materials to the Samsung Steel.

However, on the other hand, the defendant asserts that he paid the material price of this case to Jinjin Steel. Accordingly, according to the following purport: Dop, Eul's 1, Eul's 2, 4, 8, and 10, and the fact inquiry reply of the first instance court's Seoul Guarantee Insurance and the whole pleadings, the defendant concluded a product supply contract with Jin Steel on October 1, 2013, and concluded a product supply contract with Jin Steel and made it into Jin Steel.

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