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(영문) 창원지방법원 2016.11.08 2016가단12987
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

The Plaintiff, via C, was awarded a contract for the basic file construction work from the Defendants, a building owner, through DB as a field agent of the Defendants, and completed the construction work on October 31, 2015, but did not receive the remainder of KRW 47,90,000,000,000, excluding advance payment of KRW 15,000,000. The Plaintiff asserted that the Defendants were not paid the same amount.

However, each statement of Gap 1 to 6 alone has the authority to act for the defendants as proxy for the defendants

In light of the purport of the entire pleadings in the statement No. 1 through No. 4, the Defendants awarded a contract for file and civil engineering works among Down Construction Works Co., Ltd. on September 15, 2015, and paid the construction cost to Busan Co., Ltd. on January 4, 2016, and there is no other evidence to acknowledge that the Plaintiff was awarded a contract for the said basic file works from the Defendants. Rather, it is only recognized that the Defendants received a written confirmation of payment of construction cost from C representing the vice-young Co., Ltd. for construction costs.

Therefore, the plaintiff's above assertion is without merit.

Thus, the plaintiff's claim against the defendants is dismissed as it is without merit.

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