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(영문) 수원지방법원성남지원 2016.09.23 2015가단18649
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On April 1, 2012, the Plaintiff’s assertion Nonparty C Co., Ltd. (hereinafter “C”) entered into a construction contract (hereinafter “instant construction contract”) with respect to the construction work (hereinafter “instant construction work”) to remodel the 2,3, and 4 floors among the buildings located in the Defendant and Sungnam-si D into a postnatal Care Center (hereinafter “C”), and C completed the said construction work with KRW 232,129,657, but only received KRW 70,00,000 from the Defendant, and did not receive the remainder of the construction work.

As between December 29, 201 and July 18, 2012, the Plaintiff lent KRW 94,000,000 to C, and C transferred KRW 100,000,000, out of the unpaid construction cost claims against the Defendant to the Plaintiff to repay this on January 3, 2014, the Defendant is obligated to pay the Plaintiff the amount stated in the purport of the claim.

2. We examine the following circumstances, i.e., ① the mother of the Defendant’s mother, H, F, and G were operating the instant postnatal care center (hereinafter “the instant postnatal care center”) in a separate place while operating the instant postnatal care center, as a branch office, without believing that the testimony of the witness E, part of the testimony of the witness E, the witness G’s testimony, part of the testimony of the witness E, and the fact-finding as to the head office of the Seongdong-gu Public Health Center of the court, Sungnam-gu, Sungnam-si. 1 (hereinafter “the instant postnatal care center”). For this purpose, H entered into a lease agreement on February 2, 2012 and registered the instant postnatal care center as a trade name of “J postnatal care center,” ② the construction work of the instant case with the ES’s representative director, and directly designated the H on December 21, 201, and transferred the instant construction contract to H 21 and 30.

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