(영문) 대구지방법원 2021.01.27 2020나306059

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(영문) 대구지방법원 2021.01.27 2020나306059

물품대금

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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

The main lawsuit and counterclaim are also finite.

1. Basic facts

A. The Plaintiff supplied 3,30,500 won from March 1, 2015 to March 18, 2015, to E (hereinafter “non-party Company”) which is the Defendant’s supply and demand in connection with the instant officetel (hereinafter “the instant officetel”) model housing construction, the Plaintiff supplied 3,30,500 won to the Plaintiff, who is a supplier of the Defendant, in the name of “C”.

B. On October 27, 2017, the Plaintiff entered into a supply contract between the Nonparty Company and the Nonparty Company with respect to the instant officetel construction work (hereinafter “instant supply contract”). From November 15, 2017 to December 31, 2017, the Plaintiff entered into a supply contract (hereinafter “instant supply contract”).

(c)

The Plaintiff supplied some goods from March 2018 to May 2018 under the instant supply contract. However, on July 16, 2018, the Plaintiff filed an application for the commencement of rehabilitation proceedings with the non-party company on July 16, 2018, and made a preservative decision prohibiting the disposal of the property of the non-party company on July 18, 2018 (hereinafter “instant decision”). The payment of bills issued by the non-party company to the Plaintiff for the payment of the said goods was refused.

(d)

Accordingly, when the Plaintiff discontinued the supply of goods to the non-party company, on September 28, 2018, the Defendant drafted the following payment confirmation form (hereinafter “instant confirmation form”) to the Plaintiff.

The order of payment confirmation: It confirms that the Defendant will pay the materials cost supplied to the non-party company and the Plaintiff at the new site in the subcontract between the non-party company and the Plaintiff in the process of the construction by entering into a contract with the non-party company for the new construction of Dtel and with the consent of the non-party company, the contractor, and with respect to the tax invoice issued by the Plaintiff and the materials cost to be invested in the future.

E. The Plaintiff, in accordance with the instant supply contract, is a non-party company.

유사 판례

-대구지방법원 2021.01.27 2020나306059

-수원지방법원 2017.06.20 2016가합80393

-대구지방법원 김천지원 2021.01.27 2020가단36778

-대전지방법원 천안지원 2018.10.17 2017가단10943