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(영문) 대전지방법원 2019.11.15 2018나4428
음식대금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim (including the part extended by this court) is dismissed.

3. Action.

Reasons

1. As to the Plaintiff’s assertion, the Plaintiff asserts that, from 2017 to 2018, the parts of the C Construction Site employed by the Defendant provided meals at Dcafeterias operated by the Plaintiff, and that, at present, the Plaintiff is liable to pay the unpaid food expenses KRW 7,984,00 (including the unpaid food expenses in 2016) and damages for delay.

However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the father employed by the Defendant provided meals at the Plaintiff’s restaurant, and there is no other sufficient evidence to acknowledge it.

Rather, the witness E testified to the effect that if the defendant pays the construction cost properly to the plaintiff, he would have paid the plaintiff all the meals that he would have paid to the plaintiff.

Furthermore, the Defendant agreed to pay the Plaintiff the food of the above father.

there is no assertion or proof as to the grounds on which the defendant shall be liable to pay the food.

2. The Plaintiff’s claim (including the claim extended by this court) must be dismissed on the ground that it is not reasonable.

The judgment of the first instance is unfair on the contrary of this conclusion, and the plaintiff's claim is dismissed, including the claim extended by this court.

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