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(영문) 부산지방법원 동부지원 2018.02.07 2017가단1273
공사대금등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. D operated C delegated the Plaintiff the authority to conclude the contract with the Defendant for the electric installations construction of the E store (hereinafter “instant construction”).

B. Upon D’s delegation, the Plaintiff entered into the instant construction contract with the Defendant and D as the contractor for the construction project, and carried out the construction project together with D.

C. When the instant construction was interrupted due to the unpaid settlement of expenses, personnel expenses, expenses, etc. related to D and the Plaintiff’s work, G, a director of the Defendant, promised the Plaintiff to make the payment of the necessary materials and personnel expenses first to the Plaintiff, and the Plaintiff to resume the construction with the belief thereof.

Since expenses, such as material expenses, etc. paid by the Plaintiff for the instant construction project and personnel expenses not paid are KRW 65,219,207, the Defendant is obligated to pay the said money to the Plaintiff.

2. According to the Plaintiff’s assertion, the parties that concluded a construction contract with the Defendant are D, so the Plaintiff has no right to claim construction cost, etc. directly to the Defendant pursuant to the instant construction contract.

In addition, the defendant's testimony of Gap evidence 6-1 or witness D alone is insufficient to acknowledge the fact that Eul, a director of the defendant, promised to pay the construction cost of this case directly to the plaintiff, and there is no other evidence to acknowledge it. Thus, the plaintiff's assertion cannot be accepted.

3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.

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