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(영문) 광주지방법원 목포지원 2018.01.31 2017가단4025
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The parties' assertion

A. On June 20, 2014, the Plaintiff asserted that the Defendants, the actual operator of the “D Hospital” (hereinafter “instant hospital”), concluded a contract for the repair work of a funeral hall in the instant hospital and hospital (hereinafter “instant contract”) (hereinafter “instant construction work”), but only received KRW 6,00,000, out of the construction cost from the Defendants.

After that, the Plaintiff and the Defendants agreed to pay KRW 23,00,000,000 by the end of October 2014, after settling the remainder of the construction cost as KRW 46,000,000, and by November 1, 2014, Defendant C paid KRW 1,000,000 to the Plaintiff on February 17, 2015.

Therefore, the Defendants are jointly and severally liable to pay the remainder of the construction cost of KRW 45,000,000 to the Plaintiff (hereinafter “instant construction cost”) and damages for delay.

B. The parties to the contract of this case between the plaintiff and the plaintiff of the defendants are non-party medical corporations E (hereinafter "non-party medical corporations") and the defendants merely are their employees, and the plaintiff cannot claim the construction cost of this case against the defendants.

2. Determination:

A. 1) The Plaintiff asserted that the Defendants were the parties to the instant contract while operating the non-party foundation. However, it is insufficient to acknowledge the Plaintiff’s assertion only with the entries in the evidence Nos. 1 and 2, and there is no other evidence to prove this. Rather, in light of the following circumstances, it is reasonable to deem that the parties to the instant contract are not the Defendants, but the non-party foundation.

① The Plaintiff filed the instant lawsuit against the Nonparty Foundation prior to the filing of the instant lawsuit.

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