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(영문) 창원지방법원 2017.01.24 2015가단87793
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 Defendant Foundation is a non-profit medical corporation established for the purpose of establishing and operating a medical institution, and is the owner of the building by hospital C, and the Defendant Company is a corporation established for the purpose of real estate sale and lease business, and the fact that the owner of the building by hospital C is the owner of the building by hospital C is not disputed between the parties, or can be acknowledged according to the evidence A

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that, around July 2013, the representative director D, who is the husband of the Defendant Corporation, and the representative director of the Defendant Foundation, who is the Defendant Foundation, made a verbal contract for the repair work for the phenomenon of the main office of C Hospital and the second floor underground of C Hospital from E running the Defendants, and completed it until August 3, 2013. The Plaintiff asserted that the cost of KRW 26,925,949 was incurred for the main office repair work, and KRW 66,763,946 for the separate office repair work, and that the Defendant Company, the owner of the building of the main office building, was paid an amount equivalent to KRW 26,925,949, and KRW 66,763,946 to the Defendant Foundation, the owner of the building of the separate office building.

B. In light of the following circumstances, it is insufficient to recognize that the Plaintiff was awarded a contract for repair works due to the Plaintiff’s testimony on the part of the Defendants, and there is no evidence to acknowledge otherwise, in light of the following circumstances, which are acknowledged by comprehensively taking into account the overall purport of the pleadings as to whether the Plaintiff received a contract for repair works for the Defendants’ bid.

Therefore, the plaintiff's above assertion is not accepted.

(1) The Dongyang Broadcasting Co., Ltd. (hereinafter referred to as the “Dongyang Broadcasting Co., Ltd.”) concluded a contract with the Defendants for the new construction of the main hall of the hospital and the separate hall, while the Plaintiff was awarded a contract with the Defendants for the construction of the interior hall of the hospital. As such, the Plaintiff was performing the construction of the interior hall of the hospital, it is sufficient for the Defendants to request the Dongyang Broadcasting Co., Ltd. in charge of the construction of the part of

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