logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원진주지원 2015.02.11 2014가단6295
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserts that, on January 25, 2012, the Plaintiff entered into a construction contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) and completed the construction work. The Defendant Company did not pay KRW 67 million out of the construction cost, and Defendant C abused its legal personality as the actual operator of the Defendant Company, the Defendants jointly and severally are liable to pay the Plaintiff the remainder of the construction cost and the delay damages.

According to the overall purport of evidence Nos. 1 and 1 and 2 of evidence Nos. 1 and 2, the Plaintiff’s construction period between D Co., Ltd. (hereinafter “D”) and D Co., Ltd. (hereinafter “D”) on January 25, 2012 (hereinafter “E development project”) with respect to wooden construction from January 25, 2012

3. up to 30.30. The construction contract of this case (hereinafter “the construction contract of this case”) was entered into. Defendant C represented D in entering into the construction contract of this case, and paid the Plaintiff a total of KRW 95 million in the name of D during several times from February 2012 to June 201. Defendant C was subject to seizure and assignment order for KRW 601,647,18 of the construction contract claim of this case against D through F and G, which is its employee under consultation with D, and paid the entire amount received pursuant to the assignment order of this case to D on behalf of subcontractor. However, the above facts alone are insufficient to view that the Defendants exceeded the representative status of the contractor under the construction contract of this case as the contractor of this case and became the subject subject of legal effect under the construction contract of this case (the execution of the construction contract of this case is not sufficient (the execution of the construction contract of this case as the agent of Defendant C, even if part of the construction contract was executed by assignment order etc.).

arrow