logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원서부지원 2016.04.05 2015가단1172
물품대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

The Plaintiff, who runs the electric cable wholesale business under the trade name of Plaintiff D, is liable to pay the price of the goods to the Plaintiff, since the Plaintiff supplied all equipment from May 3, 201 to June 4, 2012, through Defendant B’s employee F, to Defendant B, who runs the electrical construction business under the trade name of Plaintiff D, and did not receive KRW 64,85,787 from May 3, 201 to June 4, 2012.

Even if Defendant B is not a party to a transaction, Defendant B grants F the right of representation to purchase materials, etc., and thus, Defendant B bears the responsibility of representation pursuant to Article 126 of the Civil Act.

In addition, as Defendant C acquired the electrical construction license from Defendant B to Defendant B’s rights and obligations comprehensively, Defendant C is liable for the price of the goods.

Therefore, the defendants are jointly and severally liable to pay the above goods to the plaintiff.

The Defendants Company B subcontracted the instant electrical construction (hereinafter “instant construction”) from the KN Construction Co., Ltd., Ltd., to F, and the Plaintiff engaged in goods transaction with F. As such, the Defendants are not liable to pay the amount of goods to the Plaintiff.

Judgment

According to each of the evidence Nos. 4, 5, and 6, Defendant B’s contractual liability, the Plaintiff issued a tax invoice to the person who is supplied with the Defendant B, and the Plaintiff reported this to the tax office, Defendant B paid the Plaintiff KRW 25,00,000 on July 29, 201, KRW 25,300,000 on August 31, 201, KRW 15,000,00,000 on June 5, 201, and KRW 200,00,000 on June 15, 2012, F is recognized.

However, the following facts are also acknowledged in light of the above evidence, Gap evidence Nos. 3, Eul evidence Nos. 1, 3, and 9, and witness I's testimony as a whole.

On March 21, 2011, between Defendant B and F, the instant construction cost of KRW 176,00,000.

arrow