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(영문) 부산지방법원 2015.08.13 2014가단245410
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion that the plaintiff entered into a contract for construction with the defendant's husband E with respect to the construction of outer walls, miscellaneous signboards, indoor verification rooms, and internal outdoor room room among remodeling construction works of the defendant's Domoel in Busan-gu (hereinafter "the apartment of this case") (hereinafter "the subcontract of this case") and completed construction works on November 201, and did not receive KRW 80,941,450 out of the construction cost of March 186,942,450, and paid KRW 186,942,450. The defendant delegated all of the authority related to the remodeling of the apartment of this case to the husband of this case on behalf of the defendant, and the defendant signed the subcontract of this case on behalf of the plaintiff, and the defendant bears the obligation for the construction cost of the plaintiff, and even if so, the defendant is not liable for the compensation for the remaining portion of the construction work and the delay damages.

2. We examine the judgment, each statement of Gap evidence Nos. 1 through 16 (including a branch number), and each testimony of witness F and G alone are insufficient to acknowledge that the plaintiff entered into the subcontract of this case with the defendant husband Eul. In addition, there is no other evidence to support this otherwise. Even if so, there is no evidence to support that the defendant entrusted E with all the authority pertaining to the remodeling project of this case and granted the power of representation regarding the conclusion of the subcontract of this case. Furthermore, there is no evidence to support that the defendant allowed E to carry on business using his name. Thus, the plaintiff's assertion is without merit without further need to examine.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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