beta
(영문) 대구지방법원 2020.10.27 2020가단111588

공사대금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. On March 16, 2016, the Defendant, the actual president of the Plaintiff’s alleged C (hereinafter “C”) (hereinafter “C”), was awarded a contract for electrical construction (hereinafter “instant construction”) among E E projects located in Gyeong-gun, Seongbuk-gun, Seongbuk-gun, and the construction was discontinued on April 25, 2017 while the Plaintiff performed the instant construction. While the Plaintiff was performing the construction, the construction was not paid by the Defendant, and the said construction was suspended. The Defendant shall pay the construction cost of KRW 50,000,000 and the delay damages that had not been paid to the Plaintiff.

2. The judgment of the court below asserts that C merely ordered the instant construction to the Plaintiff and the Defendant did not conclude the contract. Thus, according to the statement of evidence No. 1, C, on March 16, 2017, it can only be recognized that C contracted the instant construction to the Plaintiff on March 16, 2017, and there is no evidence to prove the fact that C contracted the instant construction to the Plaintiff. Therefore, the Plaintiff’s assertion based on the premise that the Defendant had concluded the contract with the Plaintiff is without merit.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.