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(영문) 제주지방법원 2015.01.27 2014가단10877
숙식계약대금등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts: (a) the Plaintiff operated accommodation business with the name of B; (b) on March 14, 2014, the Plaintiff entered into a contract for on-site experience learning with C High School Jeju High School Jeju High School teachers and students for three hours from March 25, 2014 to March 28, 2014; (c) on the basis that the Plaintiff entered into a contract for on-site experience learning with the Plaintiff as KRW 29,775,00,00; and (d) the Plaintiff provided accommodation to C High School teachers and students for three years from March 25, 2014 to March 28, 2014; (c) however, the Plaintiff was the wind to designate a lodging place as the same with C High School teachers and students’ accommodation; (d) C High School teachers and students from March 26, 2014 to March 28, 2014 to the date of withdrawal; or (d) the Plaintiff and the parties directly entered the agreement into between the Plaintiff and C High School Gap High School.

2. The plaintiff's assertion and judgment

A. The Plaintiff asserts that, as the Plaintiff agreed that the Plaintiff was directly paid accommodation charges from the Chigh School to which the Defendant belongs, the Defendant was obligated to pay the accommodation charges of KRW 29,775,00 and the delay damages therefrom to the Plaintiff.

B. Where an agreement is reached between the ordering person, the prime contractor, and the subcontractor to pay the subcontract price directly to the subcontractor pursuant to Article 14 (1) 2 of the Subcontract Act, the subcontractor may directly claim the subcontract price to the ordering person. As to this case, the evidence No. 2 is insufficient to acknowledge the agreement that the principal of the Defendant C High School, the ordering person, agreed to pay the price of accommodation directly to the Plaintiff between the Plaintiff and the No. 2, and there is no other evidence to acknowledge this otherwise.

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