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(영문) 창원지방법원진주지원 2016.12.20 2016가단3948
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who runs advertising business such as outdoor advertising and the installation of banners in the trade name of “C,” and the Defendant is a person who produces and installs signboards, printed materials, and advertising materials in the trade name of “D.”

B. On October 8, 2015, the Korea Forest Service decided to hold the E EXPO (hereinafter “instant EXPO”) in the Cheongnam-gun, Busan-gun, Inc. (hereinafter “KBS-N”), and designated the KBN (hereinafter “KBN”) as an executor of the said EXPO, and the KBE subcontracted its business activities, such as publicity of the said EXPO and advertisement production, to the KN, Inc. (hereinafter “NN”) and the KN (hereinafter “KN”).

C. On September 2015, 2015, the Rour Rour Day requested the Defendant to construct and install banners, on-site parkings, and standing signboards, etc. (hereinafter “instant advertisements”). The Plaintiff commenced the business of manufacturing and installing the instant advertisements upon receiving a work order from the Defendant from the police officer around September 2015, and the service payment also agreed that the Defendant shall pay the Plaintiff if the Defendant pays the amount to the Defendant.

However, as advertising materials, other than the initially anticipated advertising materials, have been additionally required, since October 7, 2015, work was conducted in the manner of ordering the Plaintiff directly by Roman Day and supplying the Plaintiff by means of issuing an order to the Plaintiff.

E. On September 20, 2015, from around October 18, 2015 to around October 18, 2015, the Plaintiff manufactured and installed advertising materials, etc. in the instant EXPO. On September 25, 2015, the Plaintiff received KRW 3 million from the Defendant as the retainer.

【Ground of recognition】 The purport of all written arguments as to Gap's No. 1, 2, 4, and 5 (including each number)

2. The arguments of the Parties; and

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