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(영문) 춘천지방법원 강릉지원 2018.01.24 2017가단32202
공사대금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. The Defendant, on December 3, 2016, contracted blasting construction with respect to construction works undertaken between B and two parcels, at the time of the Plaintiff, on December 3, 2016.

(hereinafter “instant construction contract”). 2. Claims and determination

A. The Plaintiff’s assertion 1) The Plaintiff’s assertion: (a) performed blasting construction works from December 4, 2016 to March 31, 2017; (b) the Defendant did not pay KRW 143,417,361 to the Plaintiff. The Defendant is obligated to pay KRW 143,417,361 to the Plaintiff; and (c) the Defendant’s assertion on March 10, 2017 agreed with the Plaintiff’s representative director C to change the parties to the instant construction contract into C, and thus, the Plaintiff’s claim cannot be complied with.

B. First of all, we examine whether C has effectively acquired the Plaintiff’s status of the instant construction contract.

In full view of the purport of the entire pleadings, it is recognized that C has effectively acquired the Plaintiff’s status as prescribed by the instant construction contract, based on the following: (a) there is no dispute between the parties, or (b) evidence Nos. 1 (including the number of proof with a serial number), and (c) evidence Nos. 2, 4 through 10, 4 through 10, 5 through 10, 10, 11, and 11 (including the number of proof with a serial number).

1) C had been in office as the representative director of the Plaintiff before the instant construction contract, and resigned on March 27, 2017, and operated an individual business entity under the trade name of E in addition to being in charge of the Plaintiff’s representative director. (2) C prepared a letter including the cancellation of the instant construction contract and the change of contractual parties to C to the E representative of the private business chain in March 10, 2017 (hereinafter “each letter of this case”).

3. The Plaintiff’s name and title in each of the instant notes.

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