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(영문) 창원지방법원 2017.06.22 2016나7559
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The Plaintiff asserts that the Defendant, using gas pipelines installed by the Plaintiff, is liable to pay the construction cost to the Plaintiff, inasmuch as the Plaintiff concluded a construction contract on the part of installing gas pipelines with Nonparty C, who was awarded a contract for remodeling housing owned by the Defendant, and installed urban gas pipelines at the construction site from July 23, 2015 to August 19, 2015, and C did not pay the construction cost to the Plaintiff.

In principle, the right to claim performance under the contract can be exercised only against the debtor who is the other party to the contract, and the claim of this case seeking the price for installing gas pipes executed by the plaintiff against the defendant is made against the third party who is not the other party to the contract, and therefore is without merit.

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

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