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(영문) 대구지방법원서부지원 2016.06.22 2015가단14062
공사대금
Text

1. The claim of this case is dismissed.

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

Reasons

1. The parties' assertion

A. As the Plaintiff’s trade name “B”, the Plaintiff was an enterprise engaged in the production and installation, etc. of the Lusble-gu C Construction Site in Daegu Suwon-gu and the D Construction Site in Daegu-gu, and completed the work by October 14, 2014 upon receiving a request from the Defendant, and completing the work by not later than 22,256,00 won of the construction cost.

B. The Defendant entered into a contract for the instant construction project with Defendant E, and did not know the Plaintiff at all without entering into the contract with the Plaintiff.

2. Although the Plaintiff asserted that the contract for the instant construction work was entered into with the original Defendant, it is not sufficient to acknowledge each of the evidence Nos. 1, 2, and 3 alone, and there is no other evidence to acknowledge it.

Rather, according to the evidence Nos. 2 and 3, the Plaintiff appears to be in a direct transaction relationship with F, and in fact, the Plaintiff stated that “the Plaintiff was supplied to G, and G was awarded a subcontract by E, and that E was awarded a contract by the Defendant.”

Therefore, it is difficult to see that the Plaintiff entered into a direct contract with the Defendant for the instant construction project, and it is not possible to accept the instant claim made on a different premise without further review.

3. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.

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