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(영문) 의정부지방법원 2020.10.13 2020가단7309
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. On September 11, 2017, the Defendant contracted the construction work of constructing the Defendant’s factory in Kimpo-si, Kimpo-si (hereinafter “instant new construction work”).

B. C is the head office of the defendant representative director, and F is the spouse of C and the head office of the defendant representative director, and F was the head office of the new construction work of this case.

C. The Plaintiff entered into a contract under the name of the Plaintiff and the Defendant with respect to the fire-fighting system installation works of this case (hereinafter “fire-fighting system installation works of this case”) with F that the contract was delegated by the Defendant to enter into, among the new construction works of this case, the fire-fighting system installation works of this case (hereinafter “instant contract for fire-fighting system installation”) and performed the fire-fighting system installation works of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 7, 9, 10, Eul evidence No. 4, part of Gap evidence No. 5, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion that the defendant delegated the whole process of the new construction of this case to C (D), and the defendant and C concluded a contract for the new construction of this case with C more than 40 days, and the F, the spouse of C, was delegated by the defendant, the owner of the building, and lawfully concluded the contract for the fire-fighting system of this case with

Therefore, the Defendant is obligated to pay the Plaintiff the money stated in the claim as the construction cost for the fire-fighting system installation constructed by the Plaintiff according to the instant fire-fighting system contract.

B. The Defendant alleged that C directly performed fire-fighting system installation works in this case, and did not know whether C performed construction works by entering into a separate contract with a fire-fighting system installation company, and thus, the Plaintiff’s assertion that the Defendant delegated the conclusion of the instant fire-fighting system construction

The defendant does not delegate to C, but does not have power of attorney or seal impression affixed to F, and does not attend the time when the contract for the fire-fighting system of this case was concluded.

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