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(영문) 창원지방법원 2015.12.24 2015나5464
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as follows, with the exception that “witness” is “a witness of the first instance court”, “this court” is “the first instance court” and “this court” is “the third party 17 to 42.” The reasoning of the judgment of the first instance is as stated in the part of the judgment of the first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiff’s preliminary decision on the claim based on the direct payment agreement is prohibited from subcontracting all of the instant plant construction works to the Jinsung Construction. As such, the Plaintiff alleged that, during the construction of the instant plant construction works, the Plaintiff leased a mechanical equipment construction business license from Bosung Co., Ltd. to the Defendant and agreed to directly pay the construction cost. However, it is insufficient to acknowledge that the Defendant concluded a contract for the instant construction works directly with the Plaintiff or agreed to pay the construction cost directly. Accordingly, the Plaintiff’s assertion on this part is without merit.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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