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(영문) 광주지방법원목포지원 2014.07.24 2013가합39

공사대금

Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Basic facts

A. On November 18, 2008, the Defendant entered into a construction contract with the ridge construction company (the trade name before the alteration is a company for the construction of a ridge, and hereinafter referred to as “the ridge construction”) regarding the Defendant’s factory extension work on the land located on the 342-7 and 2 lots of land in Yong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do.

B. Meanwhile, from December 19, 2008 to January 26, 2010, the Plaintiff carried out the construction of electric installations (hereinafter “instant electrical construction”) among the factory extension works (hereinafter “instant electrical construction”).

[Reasons for Recognition] The facts without dispute, Gap evidence 14-2, witness B, C, and D's testimony, the purport of the whole pleadings

2. Judgment as to the primary cause of claim

A. 1) Whether the Plaintiff entered into a subcontract for the instant electrical construction with the Defendant, based on the proposal of D, which is the head of the Defendant’s headquarters at the site of factory extension construction, the Plaintiff asserted that “the Defendant shall bear the material cost of the instant electrical construction and provide equipment to the Plaintiff with construction cost,” and that “the Plaintiff shall execute a subcontract for the instant electrical construction with technical personnel and equipment, and shall execute the instant electrical construction under the supervision of the Defendant’s head of the public service division B and technical adviser E, the Defendant is obligated to pay the Plaintiff the construction cost not stated in the claim. 2) According to the evidence Nos. 1, 19 and the witness F, B, and C’s testimony, according to the following: (i) B and E were the representative of the Plaintiff at the time of 208 patrol, who was the representative of the Plaintiff at the site of factory extension construction; (ii) D and B, which was the representative of the Plaintiff at the site of the above factory extension construction; and (iii) held a meeting regarding the estimate of the instant electrical construction works; (ii) the Plaintiff’s signature and certificate of the E facilities.

However, the above facts and Gap's 2 to 5, 8, 11, 16.