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(영문) 대구지방법원 2016.06.17 2015가단38207
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 27,120,000 and the interest rate of KRW 15% per annum from October 9, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is engaged in manufacturing and wholesale and retail business, such as pressings and scambling bags, etc., with the trade name of “C,” and the Defendant is engaged in construction business, etc.

B. On June 4, 2014 and July 2, 2014, the Plaintiff supplied (establishment) with the “former-si Multi-Family Complex Construction Project” under the Defendant’s construction, “former-si D main multi-household construction project,” and the product price therefrom is KRW 2,7120,00 in total.

[Reasons for Recognition] Unsatisfy, entry and video of Gap evidence Nos. 4, 5, 6, 7

2. The assertion and judgment

A. The plaintiff asserted that the defendant supplied the above scams, etc. at the request of the defendant's former E and the field agent F of the above construction, and the defendant still did not pay 2,7120,000 won including the price of goods.

In addition, the plaintiff claims the amount of the above goods to the defendant due to the responsibility of the nominal lender and the return of unjust enrichment under Article 24 of the Commercial Act.

On this issue, the defendant asserts that he did not conclude the goods supply contract with the plaintiff.

B. In full view of the aforementioned evidence and the purport of Gap evidence Nos. 11, 12, and 13 as a whole, the following facts are acknowledged: (i) the Plaintiff and the Plaintiff agreed on the supply of the goods and the payment of the price thereof; (ii) the Defendant was an employee of the Defendant from April 1, 2014; and (iii) the Defendant filed a lawsuit against the building owner, etc. for the claim for the construction price due to the said new construction (Tgu District Court 2015Gahap204070).

Therefore, it is reasonable to view that the defendant entered into a contract for the supply of the above goods with the plaintiff through F, etc., which is the site manager of the above construction work, and since the defendant did not pay 2,7120,000 won in total, such as the above goods price, etc., the defendant shall pay the plaintiff the above 2

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