공사대금
1. Defendant B’s KRW 6,356,00 for the Plaintiff and KRW 5% per annum from January 19, 2013 to April 22, 2015.
1. Facts of recognition;
A. On April 25, 2012, the Plaintiff was awarded a contract from Defendant B to KRW 95,000,000 for the construction of electric housing on the ground of the Dong-gu, Chungcheongnam-gu (hereinafter “instant land”).
(hereinafter referred to as the “instant contract”). B.
According to the instant contract, the Plaintiff constructed a 88.14 square meters of single-story single-story housing on the ground of reinforced concrete structure of the instant land (hereinafter “instant housing”) in accordance with the instant contract, and Defendant C, which was attached by Defendant B, completed the registration of initial ownership on November 7, 2012.
C. Defendant B paid only KRW 80,000,000 out of the price of the instant contract.
【Unfounded Grounds for Recognition】 Facts without dispute, Gap 1, 2, 4, and 5 each entry (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the facts of the Plaintiff’s claim as to Defendant B, barring any special circumstance, Defendant B is obligated to pay the Plaintiff the construction cost of KRW 15,000,000 ( KRW 95,000,000-80,000) and the delay damages therefrom, which have been paid to the Plaintiff. (2) The Plaintiff’s claim as to Defendant C is primarily asserted that the Plaintiff is obligated to pay the said construction cost, as the Plaintiff primarily agreed that Defendant C is the owner of the instant contract or the owner of the instant building, and thus, Defendant B is obligated to pay the said construction cost.
who is the party to the contract is a matter of interpretation of the party involved.
The interpretation of a declaration of intention clearly establishes the objective meaning that the parties have given to the act of indicating it, and in the event that the content of a contract is written between the parties to the contract, it shall not be cited in the text used in writing, but it shall be limited to the act of indicating it in writing regardless of the internal intent of the parties.