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(영문) 대전지방법원서산지원 2020.04.29 2019가단53520
공사대금
Text

1. Defendant C’s KRW 86,500,000 and its amount are 5% per annum from March 13, 2019 to April 29, 2020.

Reasons

1. Claim against Defendant C

A. The indication of claim: (a) around October 2018, the Plaintiff entered into a contract with Defendant C for the purification work of Cheongju-si, the petitioner-gu, Cheongju-si (hereinafter “instant construction work”) and completed the said construction work; (b) but did not receive KRW 86,50,000 out of the construction cost.

(b) Grounds for recognition: Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. Claim against Defendant B

A. The Plaintiff’s assertion that Defendant C contracted the instant construction work from Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and thereafter, around October 2018, the Plaintiff subcontracted the said construction work to the Plaintiff. Since the Plaintiff completed the said construction work around March 2019 under the said subcontract, the Defendant Co., Ltd., a contractor, is obligated to pay the remainder of construction cost of KRW 86,50,000 to the Plaintiff.

B. The evidence Nos. 1 and 2, video, and witness E alone are insufficient to acknowledge that the Defendant Company ordered the instant construction work to Defendant C, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s assertion is without merit without further review.

C. The plaintiff's claim against Defendant B against the defendant corporation is dismissed as it is without merit.

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