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(영문) 수원지방법원안산지원 2016.03.08 2015가단13973
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserts that the plaintiff is obligated to pay the plaintiff the unpaid construction cost of KRW 28,90,000,000, and delay damages, except for the amount of KRW 2,200,000,000, since part of the new E construction work within Ansan-si D from the defendant's agent C was subcontracted with the construction cost of KRW 31,10,000 (hereinafter "the construction work in this case").

The defendant asserts that C is not an agent or employee of the defendant, and the defendant did not have concluded the instant construction contract with the plaintiff, and the defendant does not have any obligation to pay the construction price to the plaintiff.

2. According to each of the evidence Nos. 2 and 5, the defendant's representative director F paid KRW 2,200,000 to the plaintiff, and the defendant can be acknowledged as the party to the contract for the new E construction project. However, according to the evidence No. 3, the fact that C does not recognize the relation with the defendant. In light of the fact that the term payment of KRW 2,200,000 was paid in the name of the defendant, not in the defendant's name, the evidence submitted by the plaintiff alone is insufficient to acknowledge the fact that the defendant is the party to the contract for the construction project of this case, and there is no other evidence to prove it otherwise.

Therefore, the plaintiff's assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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