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(영문) 대구지방법원 2016.01.20 2015가단7821
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person registered as a business operator of the interior management business under the trade name of “C”.

The defendant is a company that recruits and manages franchise stores in the Yong-Namnam area of resting restaurants with the trade name of "D".

B. From May 14, 2014, “C” performed the interior interior interior interior decoration construction of Ddong amusement park stores from May 14, 2014, and from July 25, 2014, performed D military interior interior interior decoration construction.

C. On December 16, 2014, the Defendant indicated C (representative Plaintiff) as KRW 65,431,500 with respect to the construction price of D franchise stores (in Korean language, “FYY 64,431,500 won,” but the number is indicated as “64,431,500 won,” and the number is written as “64,431,500 won.” Among them, 30% shall be paid until January 31, 2015, and the remaining 70% shall be transferred to the Plaintiff’s new bank account, which is the payment account of C, by December 31, 2015.”

) The draft was drawn up and sent to E. [based on recognition] The fact that there is no dispute, Gap evidence 1 and 2 (including serial numbers; hereinafter the same shall apply).

(1) The evidence No. 1, No. 4, the statement No. 5, the witness F's testimony, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserts that the amount payable for the construction work at the Ddong Recreation Point is KRW 47 million, and that the amount payable at D Military Branch is KRW 18,431,500, and sought payment from the Defendant.

B. Defendant’s assertion 1) First of all, the Defendant asserts that the Plaintiff is the actual operator of C and the party to the interior contract, which is not the Plaintiff, and that the Plaintiff merely lent its name to the Plaintiff, and that the Plaintiff did not have the right to claim each of the above construction costs. 2) The Defendant is related to Ddong Recreation, not to the Defendant, but to the Defendant’s husband of G, the representative director of G, who is the Defendant’s husband, and the above construction cost was paid in full. 3)

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