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(영문) 울산지방법원 2018.11.23 2017가단14610
공사대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On October 25, 2014, the Plaintiff asserted that the Plaintiff gave a contract for remodeling construction works for the building of the three-story D ground in Ulsan-gu, Ulsan-gu, and paid the Defendant the construction cost of KRW 46 million. The C and the Defendant did not work properly, and the Defendant is obligated to return the said construction cost.

2. However, the Plaintiff filed the instant claim on the premise that the Defendant is a party to the instant remodeling construction contract. The evidence submitted by the Plaintiff alone is insufficient to acknowledge that the contract for the said remodeling project was concluded between the Plaintiff and the Defendant. Rather, considering the overall purport of the entries and arguments in the evidence Nos. 1, 6-1, 2, 3, and 3, the contractor of the said remodeling project is C, and the Defendant merely provided a deposit account to receive the said construction cost, and the Defendant is not in the position of the party to the said remodeling construction contract.

3. The plaintiff's claim is dismissed on the grounds of the lack of reason.

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