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(영문) 서울북부지방법원 2019.04.09 2018나33792
공사대금
Text

1. The plaintiff's appeal and the plaintiff's claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Summary of the parties' arguments

A. The Plaintiff, a summary of the Plaintiff’s assertion, is: (a) from the Defendant, the Plaintiff engaged in the tegrative material and construction business, the Plaintiff completed the construction by entering into a contract with C Hospital and Dental Care Center (hereinafter collectively referred to as “instant construction; and (b) the division of each construction into “C Hospital”; and (c) the Plaintiff did not receive KRW 18,279,250, and KRW 30,337,405, and KRW 48,37,405, and KRW 305,000,000,000 for the construction cost of the said C Hospital; (b) even if the Defendant is not a party to the said contract, the Defendant is liable for expressive representation liability (Articles 126, 127, and 129 of the Civil Act and Article 24 of the Commercial Act); and (c) the Defendant’s assertion that the contract was made to another company; and (d) the Defendant’s claim that the construction cost was paid to the Plaintiff under Article 15(3) of the Fair Transactions Act.

B. The defendant's gist of the defendant's assertion argues that the construction of this case was contracted by each ordering office, and part of the construction work was subcontracted to the non-party corporation G (hereinafter "G") or H (hereinafter "H") and paid the construction work paid from the ordering office to the above G and H. The defendant did not conclude a contract for the construction work of this case between the defendant and the plaintiff, and the defendant did not bear the burden of expression agency liability, and there is no reason for the defendant to assume the responsibility for payment based on the Subcontract Act, etc.

2. As the Plaintiff filed a claim against the Defendant regarding the determination of the claim based on the instant construction contract, the Plaintiff is liable to prove that each of the instant construction contract was concluded, and the content thereof.

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