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(영문) 서울중앙지방법원 2018.10.05 2018나3112

식사대금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The gist of the Plaintiff’s assertion was that the Defendant’s employees provided meals equivalent to KRW 7,798,500 to the Defendant’s employees from April 2015 to December 31, 2015, when operating the instant golf club located in Blubert-ro 180, 180, 180, 200.

Therefore, the defendant is obliged to pay the plaintiff the meal cost of KRW 7,798,500 and damages for delay.

2. In the judgment case, the facts that the Defendant’s employees provided meals at the restaurant operated by the Plaintiff from April 2015 to December 31, 2015 do not conflict between the parties, but the Defendant is obliged to pay the meal cost to the Plaintiff only with the entries in the evidence A Nos. 1 to 5.

It is insufficient to recognize that the Defendant agreed to pay to the Plaintiff, and there is no other evidence to acknowledge this otherwise.

Rather, comprehensively taking account of the overall purport of the arguments in the evidence Nos. 4 and Nos. 1 and 2, the Gyeonggi Tourism Development Co., Ltd. (hereinafter “Game Tourism Development Co., Ltd.”) was performing the construction of nine golf clubs within the instant golf course around 2014, and the Defendant was awarded a subcontract for the landscaping construction among them from the Gyeonggi Tourism Development. The Defendant agreed to deduct the meal cost from the sports tourism development, and received meals from the Plaintiff from April 2015. The Plaintiff did not claim any meal cost during the period of providing meals to the Defendant’s employees on December 23, 2016. Accordingly, according to the above acknowledged facts, it is reasonable to view that the Defendant is liable to pay the meal cost without any justifiable reason.

2. The defendant