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(영문) 부산지방법원 동부지원 2018.06.20 2017가단11508
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The purport of the Plaintiff’s assertion is that the Plaintiff, as the Defendant’s director, entered into a contract with the Defendant for each of KRW 16,000,00,00 of the construction cost for the roof outside the roof of the construction site in Ulsan-si D D D on January 2016 and KRW 16,00,00 for each of the above subcontracting works (hereinafter “instant subcontract”), around August 2016.

Therefore, the Defendant is obliged to pay the Plaintiff the sum of the subcontract price of this case 36,000,000 won and damages for delay.

B. The purport of the Defendant’s assertion is that the Defendant entered into a contract for construction work with the owner of the building and subcontracted part of the construction work to C, and C is only a subordinate beneficiary separate from the Defendant.

In addition, the defendant did not grant C the authority to conclude the subcontract of this case on behalf of the defendant, and C is not a director of the defendant.

2. The facts that the Plaintiff directly entered into the instant subcontract with C are deemed to have no dispute between the parties. If so, it is insufficient to recognize that the Defendant granted C the authority to enter into the instant subcontract on behalf of the Defendant, solely based on the evidence submitted by the Plaintiff, the Defendant granted C the authority to enter into the instant subcontract, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's assertion seeking the payment of the subcontract price of this case is without merit under the premise that C is a legitimate representative of the defendant.

3. The plaintiff's claim is dismissed on the grounds that it is not reasonable to do so.

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