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1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 15, 2014, the Plaintiff is a person who engages in retail business, such as steel products and drys, with the trade name of “B,” and the Defendant Company was awarded a contract from the owner C for the new construction of accommodation facilities (hereinafter “instant construction”).
B. From October 31, 2014 to February 27, 2015, the Plaintiff issued a tax invoice totaling KRW 46,087,80,80, which consists of the tax invoice consisting of the “supplier B (Plaintiff), and the supplier: the Defendant Company, and the product: Miscellaneous material cost.”
C. The Defendant Company deposited KRW 23 million to the Plaintiff on December 8, 2014, KRW 18.18,00,000 on December 18, 2014, KRW 11,548,80 on January 15, 2015, KRW 1,029,750 on February 7, 2015, and KRW 24,878,550 on deposit in the Plaintiff’s bank account.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion made an oral agreement with the Defendant to supply building materials to be used at the construction site of this case, and the materials are supplied on credit, and if the Plaintiff calculated the price supplied for the relevant month as of the end of each month, the Defendant would deposit the tax invoice into the Plaintiff’s bank account in cash by the tenth day of the following month.
However, the Plaintiff supplied miscellaneous materials equivalent to KRW 46,087,80 to the Defendant Company, but the Defendant Company did not pay 21,209,250 up to now. Therefore, the Defendant Company is obligated to pay the price for the above goods and the damages for delay.
B. The defendant company did not conclude a contract for the supply of building miscellaneous materials with the plaintiff.
C around September 24, 2014, around September 24, 2014, only the structural part of the instant construction project was awarded to E, and the Plaintiff supplied E with miscellaneous materials.
Under the agreement with C and E, the Defendant Company received and paid the aggregate construction cost that C shall pay to E, and the Plaintiff’s construction cost shall be paid directly by the Defendant Company to the Plaintiff.