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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On October 24, 2011, the Defendant entered into a contract with Nonparty D with the content of a contract for the creation of good farmland for Hancheon-gun, Hongcheon-gun, and one parcel of land (hereinafter “instant construction”) by setting the construction cost of KRW 110,00,00 (including additional tax) and the construction period from November 1, 201 to December 20, 201.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. On November 1, 2011, Nonparty F, as the de facto operator of the Defendant Company, subcontracted the instant construction work to the Plaintiff with the construction cost of KRW 31,735,000 in the capacity of the agent of the Defendant Company, and the Plaintiff completed the basic construction and additional construction work.
According to the above subcontract agreement, the construction project equivalent to KRW 69,200,000, including the cost of transport of KRW 6,200,000 for street lamps and landscape trees ( KRW 6,500,000, the cost of transport of KRW 6,765,000, which is the cost of transport of earth and sand for street lamps and landscape trees) has been implemented, but the said construction project has not been paid KRW 23,70,000 among them, and the Defendant is obliged to pay the said money and delay damages therefor to the Plaintiff.
B. In light of the following circumstances, which are recognized by the statements in the evidence Nos. 5-1, 7, 9, and 11-2, and 4, it is insufficient to recognize that F entered into a subcontract agreement with the Plaintiff on behalf of the Defendant on behalf of the Defendant, solely on the basis of the following facts: (a) there is no contract expressly stating the subcontract agreement between the Plaintiff and the Defendant; (b) the contract for construction was written in the name of Nonparty F; (c) the contract for construction was written in the name of Nonparty F; (d) the subcontractor was issued in the future; (e) the subcontract deposit is also issued in the future; and (e) the Plaintiff appears to have carried in the goods and carried out the construction work in accordance with the specific direction or supervision of F; and (e) there is no evidence to acknowledge otherwise.
Therefore, the plaintiff's status.