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(영문) 수원지방법원 성남지원 2017.03.31 2016가단218507
물품대금
Text

1. Defendant A Co., Ltd.: 28,600,000 won for the Plaintiff and 6% per annum from March 2, 2016 to August 8, 2016.

Reasons

On November 11, 2015, the Plaintiff’s primary claim is that the Defendant B, a director of Defendant A Co., Ltd. (hereinafter “Defendant Company”) supplied Aluminium system windows to the construction site in Seongdong-gu Seoul Metropolitan Government (hereinafter “instant construction site”) and consented to the request, and then produced Aluminium system windows worth KRW 28,600,000 from December 10 to January 5, 2016 and supplied them to the said site.

Therefore, the Defendant Company is obligated to pay the Plaintiff the price of goods payable and the damages for delay pursuant to the above goods supply contract.

If the goods supply contract was not concluded between the plaintiff of preliminary claim and the defendant company, the plaintiff deceivings the plaintiff as if the defendant company entered into the goods supply contract with the plaintiff, and the plaintiff caused damages that were not paid for the goods even if the defendant company supplied 28,600,000 Aluminum windows in accordance with the defendant Eul's tort. Since the defendant company is the user of the defendant company B, the defendants are jointly and severally liable to compensate the plaintiff for damages equivalent to the price of the goods.

The Plaintiff entered into a goods supply contract with Defendant B Co., Ltd. (hereinafter “D”), and did not enter into a goods supply contract with Defendant Company.

Therefore, Defendant Company is not obligated to pay the price of the goods, and Defendant B, only a simple introduction, does not bear any legal liability against the Plaintiff.

Poco Engineering Co., Ltd. contracted part of the construction work that newly constructs C on the ground of Seongdong-gu Seoul, Seongdong-gu and 12 lots of land to the defendant company.

The Defendant Company subcontracted the construction cost of KRW 981,200,000 and the construction period from April 30, 2015 to November 30, 2015 in D on April 30, 2015.

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