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(영문) 부산지방법원 2018.06.08 2017나6815
공사대금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. On May 20, 2014, the Plaintiff asserted that the construction price was KRW 2.5 million when the Plaintiff entered into a contract with the Defendant to set up a crowdfunding in Nam-gu, Busan.

Since the Plaintiff completed the aforesaid crowdfunding construction, the Defendant is obligated to pay the Plaintiff the above construction cost of KRW 2.5 million and damages for delay.

B. The Defendant’s assertion was awarded a subcontract for the Calvery Work with Calves Co., Ltd. (hereinafter “Poves”) throughout the country from Salves Co., Ltd. D, which was run by the Defendant, and the Defendant was excluded from Steves Corporation from Steves Corporation (hereinafter “Poves”).

Therefore, the above crowdfunding is to be made at the original list, and the defendant merely tried to find out the person who will work for the defendant in the convenience list, and the defendant started the construction of this case to the plaintiff, and the construction cost of crowdfunding was to be paid directly by the plaintiff to the plaintiff.

D There was no transaction statement or tax invoice from the Plaintiff, and the Defendant did not pay the construction cost even at the time of the other area C chain construction.

2. Although there is no dispute between the parties that the Plaintiff completed the Port Holdings Construction Work in Busan Southern-gu B, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant was directly a party to the contract, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's claim is rejected.

3. Conclusion, the Plaintiff’s claim of this case must be dismissed for lack of reasonable grounds.

The judgment of the court of first instance is unfair based on the conclusion different from this, and thus, the defendant's appeal is accepted and the plaintiff's claim is dismissed.

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