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(영문) 수원지방법원 2018.10.04 2017가단40487
공사대금
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. On October 2016, the Plaintiff contracted from the Defendant Company with the “Incidental Civil Works from among the Construction Works of the Construction Works of the Construction Works of the Construction Works of the Construction Works of the Construction Works of the Construction Works of the Construction Works of the Construction Works of the Construction Works of the Construction Works of the Construction Works of the Construction Works of the Construction Works

B. However, since the Defendant Company paid only 10 million won out of the construction price, the Defendant Company is obligated to pay the Plaintiff the remainder of the construction price of KRW 42 million equivalent to KRW 90 per cent worth 378 million (42 million X90 per cent).

2. The plaintiff's above assertion is premised on the premise that the contractor is the defendant company under the contract of this case, but according to the contract document (Evidence A 1), the contractor and the contractor are recognized as D and E rather than the defendant company.

Although D and E are the representative director or in-house director of the Defendant Company, as long as the corporate personality of natural persons and stock companies is strictly distinguished, the Defendant Company cannot, in principle, become a party to the instant contract, and even if examining the remaining evidence submitted by the Plaintiff, it is difficult to view that there are special circumstances to recognize the Defendant Company’s liability

(No. 4) The evidence No. 4 is merely the purport that "D, E is the representative director of the defendant company and substantially operated the above company". 3. Conclusion of the plaintiff's claim is dismissed as it is groundless.

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