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(영문) 대구지방법원서부지원 2016.09.27 2015가합1933
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On November 8, 2014, the Plaintiff asserted that the Defendant entered into a construction contract with the Defendant to receive a subcontract from the Defendant for the steel frame construction amounting to KRW 187,000,000 among the new construction works of D D resting restaurants located in Daegu-gu Seoul (hereinafter “instant construction contract”) and completed the said construction. However, the Defendant paid KRW 10,000,000 out of the said construction amount and did not pay the remainder of the construction cost up to the date.

Accordingly, the plaintiff claims against the defendant for the payment of 177,00,000 won and damages for delay.

2. Although the Plaintiff asserted that the instant construction contract was concluded between the Defendant and the Defendant, there is no evidence to prove that the Plaintiff and the Defendant concluded the instant construction contract, and rather, according to the evidence No. 5, the parties to the instant construction contract may recognize the fact that the Defendant, not the Defendant, was E, a corporation with the representative director, and thus, the Plaintiff’s above assertion

(3) The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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