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(영문) 창원지방법원 2017.12.13 2017가단101037
샷시대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. A non-party C, who has been engaged in the business of treating various construction works, etc. under a contract with the other party, was awarded a contract for remodeling construction of the F building located in Busan Dong-gu, Busan in around 2016, and the above C, among the above remodeling construction works, requested the defendant to remove the existing building, and the plaintiff and the defendant performed the construction works entrusted to the plaintiff (mutual name G). The above C, however, did not have business registered under its own name, and C, upon the above D's request, had the defendant lent part of the contract amount to the defendant as the deposit account in the defendant's name, or had the defendant withdraw it. The above C, upon the request of the above D, was only responsible for the remaining construction works under the name of the defendant who was the supply and demand of the remodeling construction works, and the plaintiff prepared a subcontract agreement with the plaintiff and the defendant for the remaining construction works under the name of the plaintiff and the defendant to whom the contract was not received at least 60 days prior to the completion of the construction works.

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