(영문) 의정부지방법원 고양지원 2017.02.15 2015가단75011

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 고양지원 2017.02.15 2015가단75011

물품대금

Text

1. The Defendant’s KRW 31,477,391 as well as 6% per annum from December 30, 2014 to April 6, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant was awarded a contract for each air conditioning installation work of the Taean Power Station and STX Heavy Industries Co., Ltd. (hereinafter “STX”) with the Korea Western Power Plant Co., Ltd. (hereinafter “instant construction work”).

B. Around October 2014, the Plaintiff supplied materials equivalent to KRW 31,477,391 at the construction site of this case.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. The parties' assertion

A. The Plaintiff’s assertion that: (a) around August 2014, the Defendant signed a material supply contract with A, C, D, and E, an employee of the Defendant’s agent; and (b) supplied the materials at the instant construction site; (c) the Defendant is obligated to pay the Plaintiff the material price of KRW 31,477,391 and the delay damages therefrom.

B. The defendant's assertion did not conclude a material supply contract with the plaintiff, and the plaintiff entered into a material supply contract with the F Co., Ltd. that received a subcontract for the construction of this case from the defendant, and supplied materials at the site of the construction of this case, so the defendant does not bear a material price liability against the plaintiff.

3. As to who is a party to a contract in cases where an actor who executes a judgment contract was engaged in a juristic act in the name of another person, the parties to the contract shall first determine the offender or the nominal person as the party to the contract in accordance with the consent of the actor, if the actor and the other party agree with each other. If the other party fail to agree with each other, based on the specific circumstances before and after the conclusion of the contract, such as the nature, content, purpose, and the circumstances surrounding the conclusion of the contract, etc., a reasonable person shall be determined in accordance with whom the

In addition, when a party concludes a contract through an agent, the other party to the contract is a proxy.

유사 판례

-인천지방법원 2018.10.05 2017가단215093

-대법원 2003. 12. 12. 선고 2003다44059 판결

-춘천지방법원 강릉지원 2017.04.25 2016가단54618

-청주지방법원 2016.03.16 2015가단14518

-서울중앙지방법원 2015.10.20 2014가합43415