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(영문) 수원지방법원안산지원 2016.09.08 2015가합20954
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The defendant is a company that conducts an engineering work, etc., and the plaintiff is a company that conducts fire-fighting and electrical construction, etc. D was a plaintiff's internal director from January 14, 2013 to August 12, 2014.

E around the year 2013, the “F Urban Residential Housing and Native Living Facilities Construction Project” (hereinafter “instant construction project”) was promoted on the F land in Gyeyang-gu, Ansan-gu.

D, at the time, known E, “the Plaintiff was not a general construction company capable of performing the instant construction, and only a part of the instant construction work, such as electrical construction, and instead, intended to introduce a general construction company and introduce G.

However, E did not enter into a contract with G, and D introduced the defendant who is a general construction company again.

E, October 31, 2013, written a contract between the Defendant and the Defendant with respect to the instant construction work in the amount of KRW 1,625,00,000, and at the same time D were present.

During the instant construction, fire fighting, electricity, communications, and machinery and equipment construction works (hereinafter “fire fighting and electricity construction works”) were conducted by the Plaintiff, the civil engineering works performed by the Defendant, and the remainder of the construction works by the Defendant.

On the other hand, H was the head of the defendant's site with the introduction of D and was permanently stationed at the construction site with D.

The instant construction was completed on July 2014.

E directly paid part of the construction price to the Plaintiff, D, and sewage companies, or paid it through the Mugunghwa Trust Co., Ltd., a trust company (hereinafter referred to as “pathization Trust”), or through the Defendant.

[Based on the ground of recognition] The plaintiff's assertion of the parties concerned in the absence of dispute, Gap 2, 4 evidence (including the number of branch numbers; hereinafter the same shall apply), Eul 1, 2, 6, and 7 evidence, witness E and H's testimony, and the purport of the whole pleadings, and the contractor of the construction of this case is the defendant, and the plaintiff completed the construction works ordered by the defendant for fire-fighting and electricity during the construction of this case.

Fire service, electricity, etc.

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