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(영문) 창원지방법원통영지원 2015.02.17 2014가단10464
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff asserts to the effect that, as the Plaintiff received work orders directly from the Defendant, the owner of the new construction of the instant building C and D, or entered into a construction contract with the Defendant’s agent E, from May 1, 2014 to July 5, 2014, the Plaintiff was obligated to pay the Plaintiff the construction cost of the instant construction cost of KRW 75,363,64 (hereinafter “instant construction”), and the Defendant is obligated to pay the Plaintiff the Plaintiff the construction cost of the instant construction cost of KRW 75,363,664 (hereinafter “instant construction”).

The Plaintiff received direct work instructions from the Defendant with respect to the instant construction work solely on the basis of the descriptions or images of Gap evidence Nos. 1 through 10.

It is insufficient to recognize that the Plaintiff entered into a contract for construction work with E, the Defendant’s agent, and there is no other evidence to acknowledge it (In full view of the written evidence Nos. 2, 3, 10 and No. 1, the Plaintiff appears to have been awarded a subcontract for the construction work of this case from the date when the Plaintiff entered into a contract for new construction work with E in full view of the overall purport of the pleadings as a whole), and there is no other assertion or proof as to the title that the Plaintiff may directly claim for the construction work of this case against the Defendant, the owner of the building. Therefore, the Plaintiff’s assertion is without merit.

If so, the plaintiff's claim is groundless, and it is dismissed.

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