(영문) 인천지방법원부천지원 2020.05.08 2019가단6791

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원부천지원 2020.05.08 2019가단6791

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who carries on the furniture business under the trade name of “C”, and the Defendant is a person who carries on the furniture business under the trade name of “D”.

B. The Defendant entered into a contract for furniture production and supply with a contract amounting to KRW 319,00,000 (including value-added tax) with the Bank of Bankruptcy E (F).

In accordance with the above contract, if the defendant is supplied with materials and transferred them to the plaintiff after having supplied them with the materials from the LOE, the plaintiff shall affix his/her seal to the relevant materials and transfer them to G (H), and G was made by assembling and packing the sealed materials to the construction site designated by the LOE and supplying them to the construction site.

C. From December 22, 2017 to April 17, 2018, the Defendant received KRW 172,348,000 from the Plaintiff to the payment under the said contract, and then remitted total of KRW 76,00,00 to the Plaintiff from December 28, 2017 to July 3, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 8 and 11 (including each number, if any)

2. The parties' assertion and judgment

A. 1) The Plaintiff was awarded a contract with the Defendant for the painting business of household materials, and the total painting amount is KRW 125,40,000,00, and the Defendant paid only KRW 76,000 among them, and thus, the Defendant is entitled to pay the remainder of KRW 49,400,000 and the delay damages therefor. 2) The Defendant, the Plaintiff, the Defendant and the Defendant jointly produced and supplied the household, but only prepared a contract with the Defendant as the representative of the Plaintiff and the Defendant for the convenience of fund management and communication. As such, the contract was not concluded between the Plaintiff and the Defendant, and the Plaintiff did not receive the remainder of the stamp from the original office, the Defendant is not liable to pay the Plaintiff the amount of painting.

B. According to the respective statements in Gap's Nos. 1, 3, and Eul's Nos. 8, 9, and 11, a contract between Gap and the E-E shall be concluded.

유사 판례

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-의정부지방법원고양지원 2015.03.25 2014가단69859

-서울북부지방법원 2019.12.20 2019가단17055

-인천지방법원 2020.07.08 2019가단19169

-인천지방법원 2016.07.14 2015가합57528