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(영문) 수원지방법원 2015.08.13 2015나7494
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The Plaintiff’s assertion is that part of the C Hospital Extension Corporation was executed from July 2, 2009 to August 1, 2009, and did not receive the construction cost of KRW 3,200,000. The Plaintiff claimed against the Defendant for the payment of the said unpaid construction cost and damages for delay.

2. The plaintiff had a part of the C Hospital Extension Corporation around 2009, and the fact that the construction cost which was not paid at the above site was 3,200,000 won is not a dispute between the parties.

However, in light of the following circumstances, which are acknowledged as comprehensively considering the overall purport of the pleadings in Gap evidence No. 1-1-3, the constructor of the C Hospital Extension Corporation is not the defendant individual but the defendant as the representative director, and the plaintiff was issued a confirmation of the accrued construction cost from the Si Corporation around August 20, 2010 and October 30, 2010, and each of the above confirmation documents was made in the name of D, which is not the defendant individual, and the defendant merely mentions his intentional responsibility and effort for repayment of the unpaid construction cost in the confirmation document written around October 30, 2010, and the evidence submitted by the plaintiff is insufficient to deem that the defendant individual bears the obligation to pay the unpaid construction cost to the plaintiff, and there is no other evidence to support this otherwise.

In addition, there is no evidence that D merely takes the form of a corporation and is merely a defendant's individual company.

Therefore, the plaintiff's above assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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