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(영문) 전주지방법원 2017.08.10 2016나10578

공사대금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur engaged in landscaping business under the trade name of “C” and the Defendant (hereinafter “Defendant”) is a corporation with the purpose of education, training, consulting, service, education, training and training, etc.

B. The Defendant’s head office is the “F Training Center E”, and the Defendant operated the F Training Center at the above head office (hereinafter “instant head office”).

C. On June 27, 2015 and July 31, 2015, on two occasions, the Plaintiff completed the legal scurfing construction work in E and G (i.e., red cover, scurfing presses, etc.; hereinafter “instant construction work”). The construction cost in total is KRW 15,006,60 (= KRW 8,175,000).

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, 2-1 and 2-2, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The parties to the instant construction contract are the Defendant, and the Defendant is obligated to pay the Plaintiff the construction cost of KRW 15,006,600 and the damages for delay thereof. 2) The Defendant did not have concluded the instant construction contract.

On the other hand, on December 15, 2014, the Defendant entered into a contract on the operation and remodeling of the instant training center with the management and advisory services and agency services, and entered into a lease contract with the management and management and management and loan with the management and management and management and the Defendant entered into a contract on the instant construction with the management and management and management and management of the instant training center, including the landscaping of the instant training center. If the Defendant entered into the instant construction, it is presumed that the instant construction was concluded with the management and management and management and the instant construction contract with the management and management and management and management and the instant construction was executed with the management and management and management and the instant construction was executed on the site where the altered training center entered into a lease agreement. As such, the parties to the contract shall be the lessee and the management association.

Therefore, the plaintiff's claim is without merit.

B. Determination 1.