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(영문) 수원지방법원안양지원 2016.04.15 2014가합102789
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) Crata Co., Ltd. (Arata Co., Ltd., Ltd., on May 27, 2013) was merged into Shoata C

On August 27, 2012, ELND Construction Co., Ltd. (hereinafter referred to as the Defendant’s trade name on December 13, 2013), changed to the Defendant’s trade name;

The defendant is referred to as "the defendant"

A) A contract was entered into with the Defendant to conclude a contract for the construction of a forest plant with the Defendant, and on August 30, 2012, between the Plaintiff and the Plaintiff on the said new construction works, the steel frame, the board, and the Changho Construction Work (hereinafter referred to as the “instant subcontract work”).

3) The Plaintiff’s subcontract agreement to the Plaintiff (hereinafter “instant subcontract agreement”).

(2) However, the instant subcontract concluded under the name of the Defendant is merely a formal conclusion of the instant subcontract with the Defendant’s seal impression design to contract the instant subcontract to the Plaintiff by using the Defendant’s license, and the actual parties of the instant subcontract are Slim Co., Ltd and the Plaintiff.

3. Since the Plaintiff’s execution of the subcontracted project in this case and the construction cost that was not paid by the Gelim Co., Ltd. is more than KRW 300 million, the Defendant is obligated to pay the Plaintiff KRW 110 million as part of the said unpaid construction cost.

B. On the other hand, even according to the Plaintiff’s assertion, the parties to the instant subcontract are the Plaintiff and the Defendant is not a party to the said contract, and the Defendant is not obligated to pay the construction price to the Plaintiff.

Therefore, the plaintiff's claim on a different premise is without merit without further review.

2. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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