(영문) 부산지방법원 2018.04.26 2017나5744 | 리걸엔진

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Reasons

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(영문) 부산지방법원 2018.04.26 2017나5744

매매대금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff entered into a contract with the Defendant for the supply of building materials, and the Defendant, the owner of the building, constructed the building on the land C of Geumcheon-gu Busan Metropolitan Government (hereinafter “instant construction”).

() From March 11, 2015 to July 30, 2015, the construction materials of KRW 21,062,30 were supplied to the site. However, the Defendant paid only KRW 12,203,510 to the Plaintiff, and did not pay the remainder of KRW 8,858,750 to the Plaintiff. As such, the Defendant provided the remainder of KRW 8,858,750 to the Plaintiff with KRW 12,203,510 from the deduction of KRW 8,858,758,790 from the remainder of KRW 21,750 to the Plaintiff, the Defendant is obligated to pay only KRW 8,858,750 from the Plaintiff’s deduction of KRW 12,203,510.

Even if the defendant agreed to pay the above construction material price directly to the plaintiff, the defendant is obligated to pay the remaining construction material price of 8,858,750 won and damages for delay to the plaintiff.

B. The Defendant alleged that the instant construction was awarded to D, and that D, a contractor, concluded a construction material supply contract with the Plaintiff, the Defendant is not obligated to pay the Plaintiff the material price.

2. Determination

A. If the purport of the entire pleadings is added to each of the statements in Gap evidence Nos. 1 through 3 (including numbers for those with serial numbers; hereinafter the same shall apply) as to the assertion that the Defendant entered into a contract for the supply of building materials, the Plaintiff supplied the construction materials of KRW 21,062,30 in total from March 11, 2015 to July 30, 2015 at the instant construction site at the instant construction site, issued electronic tax invoices equivalent to the price of the said construction materials in the Defendant’s future, and the fact that the Defendant remitted KRW 7,203,510 to the Plaintiff’s account in the name of the Plaintiff, respectively.

However, on the other hand, there is no dispute between the parties, or as stated in Section B(1) through (3) and the witness at the trial.

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