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(영문) 수원지방법원 2015.01.20 2014가단514284
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C runs the processing business, etc. under the trade name of “D”, and the Plaintiff runs the processing business, etc. under the trade name of “E”.

B. C around November 28, 2013, around November 28, 2013, entered into a contract on the supply of crops with the Defendant and Royd Co., Ltd. to produce and supply cveyor.

C. The Plaintiff from January 3, 2014 to the same year

2. By December 27, 200, an electronic tax invoice of KRW 24,915,000 was issued as the person receiving C, after conducting the production of the above consortium.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The plaintiff's assertion 1) First, the plaintiff asserted that the plaintiff was obligated to pay the price of 24,915,000 won to the plaintiff after receiving a subcontract for a consortium production work from C and completing the above work, and therefore, the plaintiff did not receive the price of 24,915,00 won from C. However, there is no evidence to deem that the defendant agreed to pay the above price to the plaintiff directly, and there is no other evidence to prove that the defendant is obligated to pay the above price to the plaintiff. 2) Next, the plaintiff asserted that the plaintiff was obligated to pay the price to the plaintiff since F, who was an executive officer of the defendant, directly contracted for the production of the above consortium production work to the plaintiff, but the defendant is also obligated to pay the price to the plaintiff. However, the statement of 17 evidence and testimony of witness G cannot be viewed as the defendant's executive officer, and there is no other evidence to acknowledge this differently, rather, according to the purport of the whole statement in Gap evidence No. 13, the above assertion is rejected.

3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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