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(영문) 인천지방법원 2018.10.11 2017가단250171
공사대금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. According to the evidence evidence evidence No. 1, the Defendant, on June 11, 2014, concluded a contract (hereinafter “instant contract”) with E Co., Ltd. operated by Nonparty D with respect to the construction work of constructing a multi-family house on the Fast-gun, Incheon po-gun, Incheon (hereinafter “instant construction work”).

2. The plaintiffs' assertion and judgment

A. The plaintiffs' assertion 1) was the head of the site office for the construction of this case, and the defendant asked the plaintiff to complete the construction of this case since they would pay the construction cost to the plaintiff Eul, and D did not perform the field supervision only once, and the defendant paid the construction cost to the plaintiff Eul with various receipts issued. Thus, the defendant must pay the plaintiff A the remaining construction cost of 79,84,200 won. 2) The plaintiff Eul is the subcontractor of the construction of this case. The plaintiff Eul is the subcontractor of the construction of this case who is the subcontractor of the construction of this case, and there is a justifiable reason to believe that the plaintiff A is the head of the site office for the construction of this case with the partial power of representation under Article 15 of the Commercial Act. Thus, the defendant must pay the construction cost of 29,909,000 won to the plaintiff Eul.

B. The testimony of the witness G alone is insufficient to prove the amount of the construction cost claimed by the plaintiffs, and there is no other evidence to acknowledge it.

Furthermore, the above evidence alone is insufficient to recognize the fact that Plaintiff A is the site director of the instant construction project in a contractual relationship with the Defendant, and the fact that the Defendant agreed to pay the construction cost directly to the Plaintiffs, and there is no other evidence to acknowledge it.

Therefore, the plaintiffs' assertion of this case is without merit.

3. In conclusion, the plaintiffs' claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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