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(영문) 서울중앙지방법원 2016.02.18 2015가단5251266
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In full view of the purport of the pleadings as a whole, the Plaintiff, as a manufacturer producing materials, etc. necessary for the construction of electricity and telecommunications equipment, as a manufacturer of Samsung Engineering Co., Ltd. (hereinafter “Tr.”), supplied them over several occasions from May 2014 to May 2015 to from May 201, 201, with cable duct and FITING products, etc. (hereinafter “goods of this case”), and the fact that the Plaintiff failed to receive the price from the United Nations Engineering Co., Ltd. for the supply of the goods of this case, but failed to receive the price from the United Nations Engineering Co., Ltd. (hereinafter “the price for the supply of the goods of this case”).

2. On the grounds delineated below, the defendant is liable to pay to the plaintiff 124,527,205 won and delay damages which were not paid out of the price for the supply of the goods of this case.

① The Plaintiff supplied the goods to the Plaintiff upon receiving a request from the Defendant to supply the goods at a construction site. As such, the Defendant is directly a party to a contract for supply of the goods and is obligated to pay the price for the instant goods to the Plaintiff

(2) The foregoing shall not apply.

Even if the defendant asserts that he is responsible for the payment of the price of the goods of this case, it is the same company as the defendant, and the defendant's executive officers agree that they will be liable when the problem arises.

③ The Defendant permitted the use of the Defendant’s name in ordering invoices, transaction specifications, ordering notes, safety caps, etc. and A, B, C, D, etc. involved in the order of the goods at the above construction site, and Samsung Engineering.

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