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(영문) 부산지방법원동부지원 2016.01.20 2014가단26141
공사대금
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Facts of recognition;

A. On August 19, 2014, Nonparty D entered into a construction contract with Defendant B on August 19, 2014 (hereinafter “instant construction contract”) with the content that “the contractor B”, “contractor F Company G” (a written contract with the contractor and the contractor appear to be changed, and G appears to be a clerical error in H), the contract amount of KRW 59,000,000, and the completion date of the completion date of the construction project (hereinafter “instant construction contract”).

B. Defendant C is the actual business operator of the above E-cafeteria as the wife of Defendant B.

C. The instant construction was completed around August 31, 2014.

From August 11, 2014 to September 5, 2014, Defendant B paid KRW 45,000,000 in total to the account in the name of the said H, and paid KRW 51,30,000 in total as the construction cost of the instant case, such as paying KRW 6,30,000 in total.

[Reasons for Recognition] Facts without dispute, entries and images of Gap evidence 1 through 5 (including branch numbers for those with various numbers) and the purport of the whole pleadings

2. The Defendants asserted that the lawsuit of this case should be dismissed, since the Plaintiff did not have any contract with the Defendants at all, and the Plaintiff is disqualified as a party to the lawsuit of this case.

However, in a lawsuit for performance, a person who asserts that he/she is the person entitled to claim performance has standing to sue, and a person who asserts that he/she is the person liable to perform shall be the defendant, so it is not necessary that the plaintiff is the person in

Therefore, the above safety defense of the defendants is without merit.

3. Judgment on the merits

A. (1) The Plaintiff’s assertion (1) concluded the instant construction contract with Defendant B, and completed the instant construction work.

However, the Defendants did not pay KRW 20,976,00 in total, including KRW 7,700,000 ( KRW 59,000,00-51,300,00) and KRW 13,246,00 in additional settlement of accounts.

(2) The Plaintiff asserted by the Defendants.

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