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(영문) 인천지방법원 2018.05.29 2017가단256353
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The parties' assertion

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

B. The Defendant Company’s summary of the assertion by Defendant A Co., Ltd. (hereinafter “Defendant Company”) did not have concluded a construction contract with the Plaintiff.

Therefore, the Plaintiff’s claim in this case based on the premise that the contract for construction was concluded between the Plaintiff and the Defendant should be dismissed.

2. Determination

A. Determination as to the Plaintiff’s claim against the Defendant Company 1

The plaintiff is the subcontractor and the defendant company is the subcontractor. However, the following circumstances that can be acknowledged by comprehensively considering the purport of the entire arguments on evidence submitted by the plaintiff and the defendant company, the defendant company denies the authenticity of the contract of this case, the defendant company denies the authenticity of the contract of this case, the defendant company Gap evidence No. 2, which is the remainder of evidence submitted by the plaintiff, and the defendant company's trade name is not stated in Gap's transfer column, and the defendant company's transfer of money is not stated in Gap evidence No. 2, and the third defendant C bears the responsibility for all the wage and the construction price for the business parties incurred during the work of the defendant company to the defendant company, and is entirely civil and criminal.

In light of the fact that “A” prepares a written confirmation (Evidence No. 2-2), the evidence alone submitted is insufficient to deem that the construction contract was concluded between the Plaintiff and the Defendant Company as alleged by the Plaintiff.

Therefore, we cannot accept the plaintiff's claim against the defendant company.

2) Even if a contract for a construction project, such as the content of the instant contract, was concluded between the Plaintiff and the Defendant Company, the construction project shall be undertaken to the extent that it is alleged by the Plaintiff to claim the construction cost against the Defendant Company.

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