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(영문) 대전지방법원 2015.10.14 2014나15130
중기용역대금 등
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in the business of supplying construction machinery-related services under the trade name of “C”, and the Defendant is a person who completed business registration by making the trade name on September 30, 2013 as “D”, “D”, “business opening date”, “construction business”, and “specialized construction subcontract”.

B. Scholarship Construction Co., Ltd. (hereinafter “the instant construction”) refers to the construction of marbine vacants Co., Ltd. among the F new construction works located in the Ethnan City Eth (hereinafter “the instant construction”)

(2) The Plaintiff provided a sub-subcontract with the part of the construction work in the instant construction project, and the Plaintiff provided a mid-term service, such as Crerein, at the construction site of the instant construction project. [The Plaintiff provided a mid-term service, such as Crein, without any dispute over the grounds for recognition, as indicated in Gap’s 5, 7, and Eul’s evidence No. 1, and the purport

2. The parties' assertion

A. The Plaintiff’s assertion is a person who was awarded a subcontract for a part of the instant construction from Mountainous Complex Construction, and the Plaintiff entered into a mid-term service supply contract with the Defendant, and supplied mid-term services at the instant construction site from September 7, 2013 to October 31, 2013.

The Plaintiff’s mid-term service cost is KRW 4,785,00 for September 29, 2013 (supply value of KRW 4,350,00, value-added tax of KRW 435,00), KRW 22,220,00 for October 203 (value of KRW 20,200, value-added tax of KRW 2020,020,000), and KRW 27,005,00 for the total amount of KRW 15,00,000 for the above total amount on November 29, 2013, and the Defendant did not pay the remainder to the Plaintiff. As such, the Defendant is liable to pay the Plaintiff the remainder of the service cost of KRW 12,005,00 for the remainder of KRW 27,005,005,00 for - KRW 15,000 for the damages for delay from December 19, 2013.

B. The Defendant’s assertion has completed business registration with the trade name of D at the request of G who has re-subcontracted the human resources management part of the instant construction from the Mountainous Construction, and issued G an authorized certificate, seal, etc. necessary for the receipt and disbursement of the construction cost.

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