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(영문) 부산지방법원 2016.04.12 2015가단43079
공사대금
Text

1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate from April 11, 201 to September 22, 2015, and September 23, 2015.

Reasons

1. Around March 14, 2011, at the time of the Defendant’s filing of a claim, the Defendant was responsible for the payment of KRW 55,00,000 upon receiving only KRW 2,00,00,00,000, among the 7 new construction works of electric power resource C among the 7 new construction works of electric power resource C, and was completed on or around April 10, 201. As such, the Defendant is primarily liable to pay the unpaid construction cost pursuant to the subcontract and return unjust enrichment equivalent to the unpaid construction cost, which was obtained without any legal cause.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

3. According to the purport of the entire pleadings dismissing the part of the pleadings, the Plaintiff registered D and E as the Defendant’s joint representative director around March 14, 201, who was in charge of the facility works. Even according to the witness F’s testimony, the Plaintiff merely entered into a contract with D representing the Defendant solely, and there is no evidence to acknowledge that D and E jointly entered into a subcontract with the Plaintiff on behalf of the Defendant.

D The conclusion of a contract that is not jointly with E does not have the effect of the representative, and the primary cause of the claim is without merit.

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