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(영문) 의정부지방법원 2016.06.23 2014가합5446

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Presumed factual basis

A. A apartment (hereinafter “instant apartment”) is composed of 13 multi-family housing complexes, and the council of occupants’ representatives of Defendant A apartment units (hereinafter “Defendant”) and the managing body, which is the executive body, are established for the management of the apartment complex.

B. The management entity selected a housing management operator, not in the form of an autonomous management organization of a tenant, and selected a housing management operator as a comprehensive management company.

B, who is an employee of the Sejong Integrated Management Corporation, has worked as the head of the management office of the apartment of this case.

C. On June 10, 2013, the Plaintiff entered into a contract with the head of the instant apartment management office and the head of the instant apartment complex to repair and open the instant apartment complex facilities (hereinafter “instant construction”). From June 10, 2013 to June 10, 2013, the construction period of the instant apartment complex is from the completion of the repair of the entire personal-phone equipment of the instant apartment complex, and the construction cost is settled at the time of completion of construction, and the construction cost is paid within 15 days after completion of construction (hereinafter “instant contract”).

B stated in the address column of the contractor in the instant contract, the name and seal of the manager in the Gyeonggi-do, Dongbcheon-si C, the trade name column, and the representative column as “A Apartment Management Office B” and affixed the official seal of the manager.

The Plaintiff completed the instant construction work on December 26, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 2, 4 evidence, Eul evidence 2, witness Eul's witness Eul's testimony, the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is the Plaintiff and the Defendant.

The Plaintiff completed the construction work on December 26, 2013, and the Defendant paid only KRW 45,000,000 out of the construction cost of the instant case.

The defendant is obligated to pay the plaintiff the unpaid construction cost of KRW 137,104,702 and delay damages.

B. The defendant's assertion is not a party to the contract of this case.

The defendant.