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(영문) 부산지방법원 2018.02.08 2016가단55468
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who engages in wholesale and retail business of construction materials under the trade name of “B.”

B. C and D decided to construct the Busan Suwon-gu E building as a couple.

F as the father of C, the owner of C performed all the tasks from the conclusion of the contract to the supervision of the progress of the construction work on behalf of C and D (hereinafter referred to as the “instant construction”).

C. On October 21, 2015, the Defendant entered into a contract with F on behalf of C and D to receive the instant construction work, and began construction work around that time.

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A No. 1-2, the purport of the whole pleadings

2. The parties' assertion

A. On May 2016, the Plaintiff: (a) visited the instant construction site by the introduction of F police officers, and met G, a field manager of the Defendant’s site; and (b) concluded a verbal agreement with the Defendant, through G, to supply other day and subsidiary materials for the instant construction project with respect to the Defendant and toilet walls, stairs walls, corridor walls, elevator front walls, toilet floor, toilet floor, the first floor floor, and the bottom of the earth’s floor.

As the Plaintiff supplied the Defendant with a total of KRW 26,79,300 (including value-added tax) from May 27, 2016 to June 29, 2016, the Plaintiff is obligated to pay the price of the goods to the Plaintiff.

Even if the Plaintiff did not enter into a supply contract with the Defendant, the Defendant received the construction cost of the relevant part from the owner of the building under the pretext that the Plaintiff completed the works using the date and subsidiary materials supplied by the Plaintiff.

The defendant, without any legal ground, has obtained profits equivalent to those of others and subsidiary materials, and the plaintiff suffered losses corresponding thereto, and the defendant is obligated to return the amount equivalent to the price of goods of others and subsidiary materials to the plaintiff as unjust enrichment.

B. At the request of Defendant F, the Plaintiff only supplied H, who is a contractor of other works unilaterally selected by F, with a third party, and no one shall be the Defendant.

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