(영문) 인천지방법원 2020.01.14 2019가단254542

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(영문) 인천지방법원 2020.01.14 2019가단254542

공사대금

Text

1. Defendant B’s KRW 36,670,00 and annual 6% from July 23, 2017 to September 20, 2019 to the Plaintiff.

Reasons

1. Determination as to the plaintiff's claim against the defendant B

A. The grounds for the plaintiff's claim are stated in the annexed sheet.

B. Defendant B is recognized to have the obligation to pay the full amount of the construction cost claimed by the Plaintiff to Defendant B.

Therefore, Defendant B is obligated to pay the Plaintiff the money stated in Section 1 of the Disposition, so the Plaintiff’s claim against Defendant B is justified.

2. Determination as to the Plaintiff’s claim against Defendant C

A. 1) The parties’ assertion is as indicated in the grounds for the Plaintiff’s claim. The summary of the content is as follows: “The Plaintiff concluded a construction contract with Defendant C and completed the construction work. As such, Defendant C is obligated to pay the Plaintiff the amount stated in the purport of the claim, which is the construction cost payable to the Plaintiff.” Defendant C’s assertion did not have concluded a construction contract with the Plaintiff, and the other party who concluded the construction contract with the Plaintiff is B.

Therefore, the plaintiff's claim against the defendant C should be dismissed.

B. In light of the following circumstances that can be acknowledged by comprehensively taking into account the overall purport of the arguments presented in the judgment, (i) the construction contract made between the Plaintiff and the Defendant C was not submitted to this court; and (ii) the Plaintiff received several text messages in connection with the construction project; and (iii) there is no dispute between the Plaintiff and the Defendants as to “the details of the construction project and the order of the construction work”, it is reasonable to deem that the parties to the construction contract entered into with the Defendant as B. The evidence submitted by the Plaintiff is insufficient to acknowledge that the construction contract was concluded between the Plaintiff and the Defendant; and there is no other evidence to acknowledge otherwise.

C. Accordingly, the Plaintiff’s claim against Defendant C is rejected as it is without merit.

3. The plaintiff's claim against the defendant B is accepted, and the plaintiff defendant C.

유사 판례

-인천지방법원 2020.01.14 2019가단254542

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-전주지방법원 2019.05.02 2018가단21953

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