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(영문) 부산지방법원 2019.04.10 2018나48410

공사대금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Plaintiff’s assertion

The defendant holds the seal of representative of C (hereinafter referred to as "C") and is a party who has entered into a contract with the plaintiff, and therefore, he/she shall pay the contract price to the plaintiff.

Judgment

According to the overall purport of Gap evidence Nos. 1 and 10 and the arguments, the plaintiff filed a complaint for suspicion that "F entered into a contract with Eul on July 10, 2015 on the ground that the plaintiff was suspected of having entered into a contract under the comprehensive approval of G, a substantial operator of C, and the construction period, from July 13, 2015 to August 5, 2015. The plaintiff's representative director E entered into the contract with the defendant's office in the Dong Office of Busan District Public Prosecutor's Office by stealing the defendant's representative director F of the company in Busan District Public Prosecutor's name without the defendant's consent. The plaintiff filed a complaint for suspicion that "F entered into the contract under the due process under the comprehensive approval of G, a substantial operator of C" on February 26, 2016. According to this, the plaintiff and the title owner of the contract cannot file a claim for the construction price against the defendant under the contract.

Therefore, the plaintiff's assertion is without merit.

The plaintiff explicitly rejected the request for the explanation of the direct payment of the subcontract price under the provisions of the Framework Act on the Construction Industry, etc. in the trial. It is not possible to determine this point in view of the principle of pleading.

Thus, the plaintiff's claim shall be dismissed as it is without merit. Since the judgment of the court of first instance with different conclusions is unfair, the plaintiff's claim shall be revoked and dismissed.