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(영문) 대전지방법원 2015.07.23 2015나3325

공사대금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The land outside the C of the Asan City (hereinafter “instant land”) is owned by D’s mother E, Defendant, and F.

B. Defendant, F, and D agreed to newly build three commercial buildings on the instant land, and concluded a contract on August 7, 2013 for the construction of the said new building to develop the green industry, a corporation working for D, and had D manage and supervise that site.

C. The Plaintiff, upon a request from D, performed the construction of a road on the instant land (hereinafter “instant road construction”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 6, Eul evidence Nos. 1, 5, and 6, the purport of the whole pleadings

2. The plaintiff asserted and held that since the plaintiff agreed to undertake the road works in this case by sharing the expenses of F, D and their wife G on behalf of the defendant to obtain permission for the completion of the above commercial building, D, who represented them, completed the road works in this case by entrusting the plaintiff with the road works in this case, the defendant is obligated to pay the plaintiff the construction expenses of 14,478,00 won, 4,826,000 won, and damages for delay.

On the other hand, the defendant agreed to bear one-third of the construction price through the defendant's wife, and it seems consistent with the fact that the defendant conferred the power to execute the contract of this case to D with the plaintiff as to the execution of the road construction contract of this case, and the witness H's testimony of Gap's witness Nos. 1, 4, and 5 as well as witness Nos. 2, 3, 8, and 9 as well as the statement or image (including the number of pages) of Gap's evidence Nos. 2, 3, 8, and 9 are insufficient to recognize it, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's above assertion is without merit.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.