공사대금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The party's assertion and judgment
A. The Plaintiff’s assertion 1) The Plaintiff entered into a contract with C as to the remainder of the construction works, other than flood control, tidal waves, tails, sculptures, and equipment (hereinafter “instant construction works”), among the construction works executed by C, with the introduction of C, which is the Defendant’s employee, and the Plaintiff was paid KRW 4,90,000 out of the construction cost as KRW 13,50,000,000 through the said C.
B) Meanwhile, the Plaintiff and the Defendant and the Board Repair Corporation (hereinafter “instant Second Corporation”) (hereinafter “instant construction”). The Plaintiff collectively referred to as “each of the instant construction works” in the instant construction works.
(C) After entering into a contract with respect to the above construction work, from September 23, 2015 to September 25, 2015, the above construction work was completed, and the above construction work amount is KRW 1,200,000.) Accordingly, the Defendant is obligated to pay the Plaintiff the sum of the construction work amount unpaid to the Plaintiff KRW 9,80,000 [= KRW 13,500,000 - KRW 4,900,000] and delay damages therefrom.
2) The Defendant’s assertion that C is not an employee of the Defendant, and the Defendant did not conclude a contract for each of the instant construction works with the Plaintiff, and the Defendant concluded a contract for construction work of about twenty-six (26) square meters in storage linked to D’s plant located in Cheongju-si, setting the construction cost to KRW 20,00,000, and the Plaintiff merely received a subcontract for a part of the instant construction work from C, and the Plaintiff cannot respond to the Plaintiff’s claim. (B) In light of the following circumstances, the evidence submitted by the Plaintiff is sufficient to comprehensively consider each of the entries and arguments as well as the overall purport of each of the arguments. In light of the following circumstances, the evidence submitted by C alone was sufficient to conclude a contract for each of the instant construction works with the Plaintiff and each of the instant construction works with the status of granting the Defendant’s employees or the Defendant’s authority.
or the plaintiff is the defendant.