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(영문) 서울북부지방법원 2018.08.29 2018나1054
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The Plaintiff’s assertion is a business entity that supplies various civil engineering construction materials, and the Defendant is a business entity that engages in construction business under the trade name “B.”

Upon receipt of a request from C, the Defendant’s Director of the Management Office for the supply of various materials for civil engineering construction, the Plaintiff supplied the materials equivalent to KRW 5,458,090, totaling KRW 3,968,140 on October 31, 2016, KRW 227,700 on January 13, 2017, and KRW 3,968,140 on the same day, and issued electronic tax invoices.

Therefore, the defendant should pay to the plaintiff 5,458,090 won for the supply price of construction materials and damages for delay.

2. According to the reasoning of the judgment, Gap evidence Nos. 1 and 2, it is recognized that the plaintiff issued the defendant's business registration certificate with respect to the supply of construction materials, etc. equivalent to the total amount of KRW 5,458,090, which the plaintiff issued the electronic tax invoice to "the supplier".

However, the above facts alone are insufficient to recognize the fact that the plaintiff received a request from the defendant or the defendant for the supply of construction materials and supplied the defendant with construction materials equivalent to KRW 5,458,090, and there is no other evidence to acknowledge it.

3. Thus, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and it is so decided as per Disposition.

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