공사대금
1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On January 24, 2013, the Plaintiff asserted that the glass Corporation was subcontracted by the Defendant for the new construction works in Seo-gu Incheon, Seo-gu, Incheon, and completed the glass Corporation. Accordingly, the Defendant is obligated to pay 24 million won and delay damages to the Plaintiff, and that it does not constitute extinctive prescription, on the ground that he/she obtained a written consent for the refusal of subcontract employment on May 14, 2013.
In this regard, the defendant asserts that the plaintiff was engaged in a transaction with D Co., Ltd., and that this case constitutes a three-year extinctive prescription, since the construction was completed on September 2012.
2. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 through 6, the Plaintiff is a person registered as a business entity with the trade name of “E” and engaged in the business of glass and Changho Construction, and the Defendant was the representative of “E”. It is recognized that the Plaintiff entered into the instant construction contract with D around September 2012.
Therefore, even if the defendant was the representative of D Co., Ltd., the other party who entered into the construction contract is D and the defendant is not an individual. Thus, the claim for construction cost against the defendant is without merit without examining further.
3. Accordingly, the plaintiff's claim of this case is dismissed.