(영문) 수원지방법원 2014.05.15 2013가단98129

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(영문) 수원지방법원 2014.05.15 2013가단98129

물품대금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion is from February 23, 2013 to the same year with respect to the packing of the Aeronautical Motor Vehicle North Korea (hereinafter “instant construction”).

2. By up to three occasions until December 28, 200, the claim of this case was filed in the manner that the Defendant was supplied with asphalt, but did not receive KRW 73,74,980 out of the price.

2. The written statements in Gap evidence Nos. 1 and 12 (including paper numbers) alone are insufficient to acknowledge that the plaintiff and the defendant entered into a contract for the supply of asphalt or that the defendant agreed to pay directly to the plaintiff, and there is no other evidence to acknowledge it. The above evidence and each written statement in Eul evidence Nos. 1 through 11 (including paper numbers) are acknowledged as follows in full view of the whole purport of the pleadings.

① The Defendant contracted the construction phase 2 of the extension of the parking lot in North Korea from the vehicle in Malaysia Co., Ltd., and the Defendant awarded a subcontract for the ancillary civil construction works to the Gyeong C&C Co., Ltd., which included the price for the said subcontract, among the construction cost.

② The Plaintiff issued a tax invoice related to the price of the instant container to the Plaintiff as the person being supplied with GanchiC Co., Ltd.

③ The recording records submitted by the Plaintiff are frequently used the Plaintiff’s expression “direct payment” and “direct consent”. This is rather a term used when the client or the original contractor directly pays to a subcontractor who has no direct contractual relationship with the Plaintiff, and rather, it is difficult to recognize that the Defendant made a direct payment to the Plaintiff solely on the part of the statement made by the Plaintiff to A.

④ The Plaintiff’s KRW 40,000,000, out of the price of the instant asphalt, is from G&C Co., Ltd., other than the Defendant.

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