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(영문) 의정부지방법원 2018.04.19 2017나5274

식사대금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is a person who operates a restaurant in the name of “D” in the Gu Government City C, and the Defendant is a company running a construction business.

B. Around March 2016, the Defendant started construction of a commercial building in the Eth Government City E (hereinafter “instant construction”) with a contract for the construction of a commercial building in the Guangbu Construction Co., Ltd.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. Summary of the parties' arguments;

A. The Plaintiff asserted that he received an order from the Defendant’s employee F, and supplied the Defendant’s employees with meals equivalent to KRW 22,597,670 in total from May 2016 to August 2016.

However, the Defendant paid only KRW 7,230,000 among the meal costs.

B. The Defendant’s assertion F is not the Defendant’s employee, but the operator of the G company subcontracted the instant construction of reinforced concrete from the Defendant, and the Plaintiff concluded a meal supply contract with F, a subcontractor, not the Defendant.

3. The Plaintiff supplied meals equivalent to KRW 22,597,670 (hereinafter “instant meals”) at the instant construction site from May 2016 to August 2016, since there is no dispute between the parties. The key issue of the instant case is whether the Plaintiff entered into a contract for the provision of the instant meals with the Defendant and F (G company is merely an individual entrepreneur who is not a legal entity).

The following circumstances, which can be acknowledged by the evidence Nos. 1, 2, 3, 6, 7, and 8 (including each number, if any, including each number; hereinafter the same shall apply) and the evidence Nos. 10, and the purport of the whole pleadings, are as follows: ① the name of the defendant at the time of requesting the Plaintiff to supply meals to the construction site of this case, namely, the name of the defendant and the issuance of a copy of the defendant’s registration certificate; ② the plaintiff issued the tax invoice indicating the defendant as the recipient of the instant meal supply; ③ the defendant issued the tax invoice indicating the defendant as to the instant meal supply; ③ June 13, 20