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(영문) 전주지방법원 2019.08.22 2018나8692
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the evidence additionally submitted at the trial, and it is insufficient for the plaintiff to recognize the plaintiff's assertion that the party to the subcontract of this case is the party to the subcontract of this case. The plaintiff's assertion emphasized in the trial of this case is just the ground of the judgment of the court of first instance, except for addition of the judgment of the plaintiff's assertion under paragraph (2) below, and thus, it is acceptable as it is in accordance with

2. The Plaintiff asserts that the Plaintiff is a party to the said contract as a contractor under the instant subcontract.

However, in full view of the following facts and circumstances, it is reasonable to regard the parties to the instant subcontract as A, taking into account the respective descriptions of Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 1, 2, and 7 as the whole purport of the pleadings. The evidence alone submitted is insufficient to recognize the facts that the parties to the said contract are the plaintiff, and there is no other evidence to acknowledge them, and the plaintiff's assertion based on such premise is without merit

① According to the description of the instant subcontract agreement (No. 1), “trade name: J and representative director: A” is clearly indicated in the party’s column of the said contract, and the seal of A is affixed thereto, and no indication is made with respect to the Plaintiff.

Even if the Plaintiff actively participated in the conclusion of the instant subcontract and the progress of construction, the Plaintiff cannot be legally assessed as a party to the instant subcontract.

② As to the conclusion of the instant subcontract, Defendant D’s promise to receive KRW 200 million as a rebates on May 22, 2013, with Defendant D as a party to A, “A shall deposit KRW 150 million out of KRW 200 million to Defendant D as of May 22, 2013, and deposit KRW 50 million up to July 30, 2013, and Defendant D shall pay the said amount to A by December 20, 2013.”

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