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(영문) 부산지방법원 2015.10.08 2014가단245311
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff alleged by the parties that the defendant's assertion that the plaintiff entered into a contract for construction with the defendant's husband E for the installation of bathing rooms (hereinafter "the subcontract in this case") among remodeling works for the Damoel located in the Dong-gu Busan Metropolitan City (hereinafter "Mamoel in this case") and completed construction works on February 25, 201, which took place with the defendant's husband E and completed around February 25, 201, and did not receive 60,170,000 won (including value-added tax) out of the construction cost. The defendant entrusted the husband with all rights related to the Mamoel remodeling in this case, and agreed that E would pay the construction cost after concluding the subcontract in this case on behalf of the defendant, the defendant bears the obligation to pay the plaintiff the construction cost, and even if so, the defendant is entitled to use the name of E in his name, so the defendant is liable to the truster under Article 25 of the Commercial Act, and seek compensation for the remaining construction cost and damages therefor against the defendant.

In regard to this, the defendant only paid the construction cost after concluding the contract with SEL Co., Ltd., the contractor, and there is no fact that the defendant or E entered into the subcontract of this case with the plaintiff. Thus, the plaintiff's claim of this case is groundless.

2. The Defendant husband-E entered into the instant subcontract agreement with the Plaintiff solely on the basis of the written evidence Nos. 1 and 12.

In addition, there is no other evidence to acknowledge that the Defendant agreed to pay the instant subcontract consideration to the Plaintiff or the Plaintiff, and even if so, there is no evidence to prove that the Defendant delegated E with all the authority pertaining to the instant Mour Remodelling Project and granted the power of representation regarding the conclusion of the instant subcontract agreement.

Furthermore, the defendant uses his name to E.

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