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(영문) 수원지방법원성남지원 2016.11.29 2016가단737
납품대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 26,262,50 won and the period from October 1, 2014 to January 25, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who sells materials for civil engineering works in the trade name of “D”; Defendant B is a person who manufactures concrete products in the trade name of “F” in the Gwangju Mine-gu E (hereinafter “instant enterprise”); Defendant C is a person who engages in the construction materials supply business in the trade name of “H” from Jung-gu Seoul Metropolitan Government G.

B. On September 11, 2014, the Plaintiff supplied the instant business entity with an amount equivalent to KRW 26,262,50 (hereinafter “instant materials”) at the market price of the materials used for civil engineering works. The payment date is September 30, 2014.

C. The Defendants did not pay the price of the instant materials to the Plaintiff.

Defendant B is the starting student of Defendant C.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1, 7, and 8 (including virtual number), the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. Comprehensively taking account of the evidence and the purport of the entire pleadings as to the cause of the claim, the Defendant C received construction materials from the Plaintiff from around September 11, 2014 to around 2014. The fact that Defendant C, the husband of the Defendant C, was in charge of the transaction of construction materials with the Plaintiff on behalf of the Plaintiff for the above period. The Plaintiff became aware of the Plaintiff’s introduction around September 2014; Defendant B sent the business registration certificate of the instant company to the Plaintiff by facsimile; Defendant B demanded the Plaintiff to deliver the instant materials by telephone. Accordingly, the Plaintiff transported the instant materials to the instant company on or around September 11, 2014; Defendant B received directly the instant materials from the instant company; Defendant B issued a tax invoice with the name of the Plaintiff on the instant materials; and Defendant B issued the tax invoice on or around September 2013.

According to the above facts, the plaintiff seems to have sold the materials of this case to the defendant B.

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