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(영문) 수원지방법원 2014.07.10 2013가합14319

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the parties' assertion

A. The gist of the Plaintiff’s assertion is that C (the representative D; hereinafter “C”) was awarded a contract with the Defendant for the aggregate construction among the new construction works of the land-based E (hereinafter “instant housing”). The Plaintiff is obligated to pay the Plaintiff the Plaintiff the construction cost of KRW 234,190,00 and the delay damages for the construction works of the instant housing, except for the aggregate construction works among the new construction works of the instant housing, with the payment of KRW 234,190,000 (hereinafter “instant construction”).

B. The gist of the Defendant’s assertion argues that the Defendant gave a contract to C for the entire new construction of the instant housing, and the Defendant and her husband F knew the Plaintiff’s representative director G as the employee of C, and that the Plaintiff was aware of the Plaintiff’s subordinate business after the construction, and that the Defendant cannot respond to the Plaintiff’s claim on the ground that the part of the instant construction was not directly contracted to the Plaintiff.

2. The following circumstances, which are: (a) the Plaintiff did not separately prepare a contract for the instant construction work with the Defendant even though there is no special relationship with the Defendant, and there is no specific assertion as to how to agree with the Defendant on the contract terms, such as construction cost, etc.; (b) the Defendant paid KRW 149 million to the Plaintiff, but there is no money paid to the Plaintiff; (c) there is no money that the Plaintiff issued a tax invoice related to the instant construction project to the Defendant before the instant lawsuit was filed, or there is no trace of having sought payment of any nominal money, such as down payment, etc.; (d) the Plaintiff and the Plaintiff and the instant construction corporation visiting F’s office by visiting C at the time.