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(영문) 춘천지방법원강릉지원 2017.07.18 2016나1363
물품대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is operating the electric equipment business under the trade name of “C”.

B. On October 7, 2014, D, the Defendant’s husband of the Defendant, was determined and awarded a contract for the F multi-family house and new construction of neighborhood living facilities by the period of construction KRW 220 million (excluding value-added tax) and January 23, 2016 (hereinafter “instant construction”), and C did not have any PED prior, etc. requested by the Defendant while performing the said construction.

C. Accordingly, on February 13, 2015, the Defendant sought the Plaintiff on the basis of the introduction of E, and received from the Plaintiff various equipment and materials necessary for the installation of LED prior, etc. (hereinafter “instant product”), and received the details of the transaction from the Plaintiff.

The above transaction statement is written in the sum of KRW 1,730,500,000, and the above transaction statement is written in the upper part of the phone number E and the defendant's telephone number, the construction site of this case, and the "F" as the defendant's address.

【Fact-finding without dispute over the ground for recognition, Gap evidence 1-2, Eul evidence 1-1, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The plaintiff supplied the goods of this case to the defendant, and the defendant voluntarily entered his phone number in the specification of transaction at the plaintiff's request, and in fact, the goods of this case were installed at the construction site of this case on the defendant's side. Thus, the defendant should bear the responsibility as a party to the goods contract of this case.

Therefore, the defendant is obligated to pay to the plaintiff 1,730,500 won for the goods of this case and damages for delay.

B. Defendant E provided different kinds of electric lights, etc. that Defendant E provided to the original construction of the instant construction, and the Defendant demanded that E install PE electric lights, etc., and E introduced the Plaintiff and sought the Plaintiff. The Plaintiff provided the instant goods to the Defendant after having exchanged with E.

The price of the instant goods is E.

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