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(영문) 부산지방법원 동부지원 2018.05.09 2017가단14934
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The purport of the plaintiff's assertion

A. On December 10, 2015, the Plaintiff is obligated to pay the Plaintiff the instant construction cost of KRW 66,00,000,000 and the delay damages therefrom, as the Plaintiff completed the construction work by being awarded a contract with the Defendant for the kitchen household supply and installation work (hereinafter “instant construction work”).

B. Even though the Defendant is not a contractor for the instant construction contract, the Defendant is obligated to pay the construction price as the nominal lender who used his name or trade name to obtain the construction by lending the construction license to C.

2. Determination:

A. The evidence submitted by the Plaintiff on the assertion of contractual liability alone is insufficient to recognize that the Plaintiff was awarded a contract for the instant construction contract from the Defendant, and there is no other evidence to acknowledge it otherwise.

Rather, in full view of the fact that the Plaintiff stated at the first day for pleading that “C was a directly fluorant with respect to the instant contract,” and that C was aware of the Defendant’s subcontractor, it is reasonable to deem that the other party to the instant contract was C.

Therefore, the plaintiff's above assertion is without merit.

B. The evidence submitted by the Plaintiff on the assertion of the nominal lender’s liability is insufficient to recognize that the Defendant permitted C to use the name of the Defendant, and there is no other evidence to acknowledge it, and the Plaintiff’s above assertion is without merit.

3. The plaintiff's claim is dismissed on the grounds that it is not reasonable to do so.

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