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(영문) 울산지방법원 2015.03.25 2014나6152
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On September 5, 2012, the Plaintiff, a construction business entity, entered into a contract for construction work of a building on the D ground (hereinafter “instant contract”) with Ansan-si, with the construction cost of KRW 120,000,000,000 (hereinafter “instant contract”).

B. The Plaintiff completed construction on December 13, 2012, and C did not pay KRW 25 million out of the construction cost.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, 3, and 2-1 and 2-2, the purport of the whole pleadings

2. The plaintiff's assertion and the plaintiff's determination as to the plaintiff's assertion are the parties to the contract of this case as the actual owner of the building of this case who entered into the contract of this case with C, and they are jointly and severally liable with

In light of the following: (a) evidence No. 4-1 to No. 7 of the instant contract; (b) evidence No. 1 to No. 7; and (c) evidence No. 10 of the testimony of the first instance trial witness F, the Defendant involved in the process of concluding the instant contract and conducting the construction work; and (c) it is acknowledged that the Plaintiff and the Defendant concluded the instant contract, as seen earlier, are C; and (d) there is no evidence to prove that the Plaintiff and the Defendant were the actual owner of the instant contract as a party to the instant contract at the time of concluding the instant contract; and (e) there is no evidence to prove that the Plaintiff and the Defendant were the actual owner of the instant contract

Therefore, the plaintiff's assertion is without merit.

3. As such, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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