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(영문) 서울중앙지방법원 2020.07.09 2019나34922
식대
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. Basic facts

A. On December 27, 2017, the Defendant contracted the construction of the new construction of the Seoul Special Metropolitan City D and E Ground F building (hereinafter “instant construction”) to the Seoul Special Metropolitan City Gwanak-gu D and E Ground F building (hereinafter “C”).

B. The Plaintiff operated a restaurant near the instant construction site, and from January 20, 2018, the Plaintiff provided meals to the instant construction site workers from January 20, 2018.

The Plaintiff did not receive meal costs from the end of August 2018, and until December 20, 2018, the amount payable for meal costs of KRW 8,282,00.

C. On November 30, 2018, the instant construction was completed, and approval for use was granted for the F building building.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion C discontinued the instant construction, left the construction site, and the Defendant, the owner of the construction, operated the instant construction directly from July 2018, and received meals from the Plaintiff for the students at the construction site. As such, the Defendant is obligated to pay the Plaintiff the meal cost.

B. The evidence submitted by the Plaintiff alone is insufficient to deem that the Defendant operated the instant construction directly, and there is no other evidence to acknowledge that the Plaintiff had the right to claim meal costs against the Defendant.

Therefore, the plaintiff's claim cannot be accepted.

3. The judgment of the court of first instance, which dismissed the plaintiff's claim, is justifiable. Thus, the plaintiff's appeal is dismissed.

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