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(영문) 대구지방법원안동지원 2016.10.12 2016가단3065
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The plaintiff constructed a factory sand panel attachment works, etc. on various construction sites performed by the defendant, and the defendant's husband C prepared a letter of payment that the defendant's husband C will pay the construction cost on behalf of the defendant. In accordance with the legal principles of agency or expression agency, the defendant is liable to pay the plaintiff the unpaid construction cost of KRW 21.2 million.

B. Defendant 1) The Defendant awarded a contract for the construction work from the subordinate company of the agricultural company, and subcontracted the construction work to D of his sandbrid position plate attachment to D. However, D unilaterally awarded a sub-subcontract to the Plaintiff without the Defendant’s consent, and the Defendant again completed the construction work due to the defective construction work. 2) It is merely that C personally concluded a direct payment agreement.

3. Therefore, the plaintiff has no right to seek payment from D or C, even though it is aside from the fact that the plaintiff seeks the payment of the construction price.

2. Determination

A. First, as to whether the Plaintiff has the right to seek the payment of the construction price against the Defendant under the contract for work, the Plaintiff’s assertion itself was that the Plaintiff entered into a contract with D (the Plaintiff stated that the contract was entered into with D at the second date for pleading) and there is no evidence to acknowledge that the contract was entered into with the Defendant.

Therefore, this part of the plaintiff's assertion is without merit.

B. Next, in light of the purport of the entire arguments in the written evidence Nos. 2 and No. 2 as to whether the Defendant had the right to seek the payment of the construction price against the Defendant pursuant to the payment agreement, the Defendant’s husband C prepared and delivered to the Plaintiff a written statement of payment that “if the remainder of the cost of the construction works at the subordinate panel of a farming corporation is paid at a bank, the Plaintiff shall be immediately paid to the Plaintiff when the remainder is paid at the bank,” and C written statement of payment that reads “E representative C,” and written his signature.

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