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(영문) 전주지방법원 2018.11.22 2018나2229
공사대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The defendant is a company that performed A's construction work.

B. On May 31, 2016, the Plaintiff completed the creative and glass installation works (hereinafter “instant construction”) among the said A construction works.

[Reasons for Recognition] A without dispute, entry of Gap evidence 2, video of Gap evidence 4, purport of whole pleadings

2. We examine the judgment as to the cause of the claim. The following circumstances are asserted: (a) No. 1; (b) evidence No. 1; (c) evidence No. 1; and (d) evidence No. 2 of the first instance trial witness B’s testimony and the purport of the entire pleadings; (b) the Plaintiff asserted that the Plaintiff contracted for construction work of this case through B with the Defendant entrusted by the Defendant; (c) the Plaintiff prepared a estimate for construction work of this case with the Defendant as the receiver; and (d) issued a tax invoice with the Defendant as the recipient; (c) the Defendant contracted the construction work of this case to B in the first instance trial; (d) the Plaintiff paid the total construction cost; and (e) the Plaintiff concluded a subcontract with the Defendant; and (e) the Plaintiff did not have any obligation to pay the construction cost; (e) the Plaintiff did not conclude a contract for construction work of this case with B; and (e) the Plaintiff agreed to reverse the agreement with the Defendant to have been responsible for several days at the construction site of this case; and (e) the Plaintiff appears to have the Plaintiff’s overall authority to present construction work of this case.

According to the above facts of recognition, the defendant is against the plaintiff.

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