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(영문) 서울동부지방법원 2016.10.28 2015가단41795
인쇄대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The defendant operates service business, such as design and editing, under the trade name of "C", and the plaintiff is operating the printing business under the trade name of "D", and there is no dispute between the parties.

The plaintiff asserts that the plaintiff, on December 9, 2013, had been awarded a contract with the defendant for the work of printing printed matters related to E construction from the defendant on December 9, 2013 and carried out all of the above printing services, and sought payment of KRW 24,222,00 (including value-added tax) from the defendant.

In this regard, the Defendant did not conclude the printing service contract between the Plaintiff and the Defendant, as alleged by the Plaintiff. However, the Defendant, after receiving a subcontract for the said printing service from the Peace Engineering Co., Ltd., awarded a sub-subcontract of KRW 44 million to F (G) and re-subcontracts the said printing service again to the Plaintiff. As F re-subcontracts the above printing service, the Defendant claimed that the Defendant would receive the above payment from F and that the Plaintiff could not claim the above payment against the Plaintiff.

Judgment

Therefore, it is not sufficient to acknowledge the fact that the above printing service contract was concluded between the plaintiff and the defendant, only with the statements in Gap, Gap, 1, 4, and 6, and witness G's testimony, and there is no other evidence to acknowledge it. Thus, the above assertion is not acceptable.

Thus, the plaintiff's claim is dismissed as it is without merit.

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