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(영문) 전주지방법원 2014.11.27 2013나9652
손해배상
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a person who processes and installs steel materials, etc. with the trade name “H” from the Seongdong-gu Seoul Metropolitan Government G, Seoul Metropolitan City, and the Defendant is a person who has allowed D, her husband, to register the trade name “E” in the name of the Defendant and engage in construction business.

B. While I was awarded a contract for steel-frame construction, steel panel construction, window care construction, miscellaneous construction, or glass construction among the construction works for large-scale construction (hereinafter “large-scale construction”), it is impossible to receive a contract because I was not registered as a business operator in his/her own name, among D departments known to him/her, from among the construction works for large-scale construction (hereinafter “large-scale construction”), and when I was awarded a contract for the said construction works under the name of D operation, I would like to enter into the steel-frame, glass Corporation, I would like to enter into an I, and the remainder of the board, window, window, and miscellaneous steel Corporation will pay D, and I would like to pay D the amount of 3% of the total construction amount as taxes, and D had a business registration certificate and seal affixed to D pursuant to that agreement.

C. On January 30, 2012, I entered into a contract with the Daelim General Construction Division under the name of E (representative) to accept a subcontract, setting the period of construction from January 30, 2012 to February 25, 2012, with the steel frame construction, steel panel construction, window protection construction, miscellaneous steel construction, glass construction, construction cost of KRW 467,500,000 (including value-added tax) and the period of construction from January 30, 2012 to February 25, 2012.

On February 4, 2012, the I concluded a contract between the Plaintiff and the Plaintiff (representative Defendant) under the name of E (hereinafter “instant contract”) with the terms that the said steel frame works (processing, Transportation, and Construction) shall be KRW 450,00 per ton of the construction cost, and the construction period from February 6, 2012 to February 23, 2012 (hereinafter “instant contract”).

At the time, the Plaintiff was introduced through J and K, and the Plaintiff was named as “I for a limited liability company LA” by I.

E. The Plaintiff supplied the 10 sn beam beam of the steel sn beamline necessary for the said steel snife Corporation from I and processed it from February 6, 2012, and thereafter I additionally found the steel snife to I.

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