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(영문) 서울고등법원 2016.10.27 2016나2013299
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in manufacturing and installing industrial machinery, and the Defendant is a company engaged in the manufacturing and selling business of polyethylene.

B. On June 14, 2013, a written supply contract under B and the Defendant’s name entered into between B and B with the Defendant on a supply contract for the production and supply of three bags (including value-added tax; hereinafter the same shall apply) for the production and supply of 858 million won (hereinafter the “instant machine”) for the manufacturing equipment of the PE (PE) pipe (PE).

C. On June 18, 2013, a written contract under the name of the Plaintiff and the Defendant entered into a supply contract under the name of the Plaintiff and the Defendant with the purport that the Plaintiff entered into a contract for the manufacture and supply of the three parts of the instant machine in KRW 858 million (hereinafter “instant supply contract”).

The supply of the instant machinery and the issuance of tax invoices under the name of the Plaintiff, etc. 1) The two Rabs of the instant machinery on November 201, 2013, and two parcels (hereinafter “instant factory site”) 51-2 and two parcels (hereinafter “instant land”).

3) The Defendant’s factory on the ground (hereinafter “instant factory”)

(2) On December 12, 2013, the sales tax invoice in the name of the Plaintiff (hereinafter “instant tax invoice”) was issued in relation to the supply of the instant machinery. On December 27, 2013, the Defendant wired KRW 50 million to the account in the name of D, a parent of the Plaintiff’s actual operator C.

E. On December 27, 2013, the Defendant, such as the establishment of mortgage on the instant machinery, etc. by one bank, etc., of the instant factory site, the instant factory site, and the instant two-wheeled factories and mining foundations mortgage on the instant machinery, etc., and the assessed value of Article 2013-429 of the List 6 of the Mining Foundation Mortgage Act, KRW 280 million,000,000.

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