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(영문) 서울서부지방법원 2016.05.12 2015나5846

노임

Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. The Defendant is one of the owners of 561 square meters in Mapo-gu Seoul Metropolitan Government I and at the same time one of the owners who newly build a design center on the above ground (hereinafter “instant construction”).

B. C&C Construction Co., Ltd suspended construction works around August 2012 while performing the instant construction works upon contract.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 5, purport of the whole pleadings

2. The Plaintiff (Appointed Party)’s assertion and determination of the Plaintiff (Appointed Party) asserted that the Plaintiff (Appointed Party) and the appointed parties (hereinafter “Plaintiff, etc.”) agreed to provide labor by receiving KRW 160,000 per day wage from the instant construction site and providing labor between July 28, 2012 and May 6, 2013, the Defendant should pay the construction cost. However, there is no evidence to acknowledge that the J agreed to pay the Plaintiff, etc. as the Defendant’s representative, and thus, the Plaintiff, etc.’s claim of this case by the Plaintiff, etc. is groundless.

3. Therefore, the judgment of the court of first instance is just, and the appeal by the plaintiff (appointed party) is dismissed, and it is so decided as per Disposition.