beta
(영문) 대전지방법원 2019.09.06 2018나116130

공사대금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The cited part of the judgment of the first instance court [1. Basic Facts] and [2. Judgment on this Safety Defense] are cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the merits

A. The plaintiff asserted that, after entering into a contract with the defendant's husband who has the right to represent the defendant, the plaintiff leased construction machinery at the construction site of this case and carried out construction work accordingly (hereinafter "the plaintiff's construction work"), and the defendant is liable to pay the plaintiff the construction cost of KRW 390,000 and delay damages.

The defendant merely awarded a contract for the instant construction to F, and the plaintiff's construction falls under the scope of the instant construction, and the defendant has no reason to conclude a contract for the construction with the plaintiff separately.

B. Determination 1) As evidence consistent with the Plaintiff’s assertion, ① a work confirmation certificate confirming that the Plaintiff was working at the construction site of this case (Evidence 1 of this case), ② the Plaintiff’s work confirmation certificate (Evidence 1 of this case), ② the Plaintiff’s lessor, supply earth and sand, and their husband and verbally entered into a contract with the Defendant’s husband. However, a confirmation of the fact that the Defendant paid the construction cost to F, and the F paid the construction cost to F (Evidence 2 of this case). ③ The Plaintiff was ordered by the Defendant’s husband, other than the head of the site office, to receive work orders from the Defendant’s husband, and the Plaintiff’s work payment from the Plaintiff was paid to the Plaintiff by the Defendant’s husband (Evidence 3 of this case), ④ the Plaintiff’s first instance court testimony (GG) that was the representative director of F, and the Plaintiff’s work price was paid to F at the time of the Plaintiff’s payment to F. The Plaintiff’s husband and the Plaintiff’s work price was paid to F.