(영문) 서울북부지방법원 2021.01.13 2020나283

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(영문) 서울북부지방법원 2021.01.13 2020나283

물품대금

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Of the judgment of the first instance, the part against the plaintiff falling under the following order to pay shall be revoked.

The defendant.

Reasons

1. Summary of the parties' assertion

A. On May 10, 2018, the Plaintiff entered into a supply contract with the Defendant to manufacture, deliver and install a banner for the Defendant’s election activities in KRW 7,540,000. Accordingly, the Plaintiff manufactured, supplied and installed a banner on several occasions.

Therefore, the defendant is obligated to pay the plaintiff the above 7,540,000 won and delayed damages.

B. The Defendant contracted to C Co., Ltd. (hereinafter “C”) the manufacture, installation, etc. of all election-related articles, including Defendant banner, paid all the expenses including banner expenses to C, and did not separately deal with the manufacture of banner between the Plaintiff and the Plaintiff.

An election campaign banner is produced by a transaction between the plaintiff and C, and thus the proceeds therefrom shall not be claimed to the defendant.

2. The fact that the Defendant was going out of the D election held on June 13, 2018 by the Defendant, and the fact that the Plaintiff manufactured and installed a banner for the above election campaign from May 10, 2018 by the Plaintiff is no dispute between the parties.

In this context, the following facts or circumstances revealed by Gap evidence 2, 4, 5, and 6, Eul evidence 4-1, and Eul evidence 4-2, Eul evidence 4-2, and Eul evidence E's testimony and changes, namely, ① the plaintiff estimated the amount of production and installation of placards, diskettes, etc. for the defendant's election campaign on May 10, 2018 to be KRW 7,540,500, and started to produce them from that time; ② the plaintiff exchanged opinions directly with the defendant, not C with regard to the receipt of diskettes or the installation of banners produced by the plaintiff (Evidence No. 6); ③ the plaintiff's request for the amount of production and installation of banners, etc., and the request for issuance of tax invoices related thereto are consistently included in the contract between the defendant and the defendant

I.1.

유사 판례

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