(영문) 전주지방법원군산지원 2020.08.18 2020가단51776

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(영문) 전주지방법원군산지원 2020.08.18 2020가단51776

공사대금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion that the defendant contracted a model house construction work to C Regional Housing Association, and subcontracted all of them to D Co., Ltd. (hereinafter "E"), and the plaintiff completed the construction work by receiving a subcontract from the non-party company for the part of the said construction work under the name of E as the employee of F operated by E.

Since then, the non-party company discontinued the construction work, and the defendant promised to pay the construction cost of KRW 250 million recognized by the defendant to the plaintiff.

Therefore, the defendant shall pay the above construction cost as promised to the plaintiff.

2. The Plaintiff’s assertion of judgment is premised on the premise that the principal performed the steel-frame construction work after being awarded a contract with the non-party company, and the defendant also promised to pay the construction price to himself. However, according to the Plaintiff’s statement Nos. 2 and 3, and No. 4-1 and 2, as to the steel-frame construction, the contract was concluded under the name of the non-party company E and the Non-party company was submitted in the name of F. The Plaintiff submitted a written statement under the name of the non-party company in the name of E on May 23, 2016. The Plaintiff submitted the written statement that the non-party company instructed and performed the above construction work at the time of the construction, and the non-party company requested the owner of the construction after leaving the site and requested the owner of the building to settle the price of the steel-frame construction work as his agent, considering the fact that the owner of the steel-frame construction work was promised to pay the construction price directly to the non-party company E (the Plaintiff’s agent).

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

유사 판례

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