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(영문) 광주고등법원 2020.09.23 2020나20936

공사대금

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

Basic Facts

A. The Plaintiff is a company aimed at electrical construction business, communications business, and fire fighting business. The Defendant is the owner of the third to sixth and rooftop floors of the building indicated in the attached Table list (hereinafter “instant building”). Co-Defendant C of the first instance trial is the president of the E (E) an incorporated foundation that leased the instant building on March 27, 2017 (hereinafter “E”).

B. On May 9, 2018, the Plaintiff as the Defendant’s agent and the Defendant changed the use of the instant building to the Plaintiff on fire-fighting, electricity, machinery and equipment (contract amounting to KRW 190,960,00) and telecommunications (contract amounting to KRW 81,40,000) (hereinafter “instant construction”) (hereinafter “instant construction”).

C) prepare a written contract for each construction project with the content of the contract, and C itself has guaranteed the Defendant’s obligation to pay the construction cost based on the instant contract for the construction project (based on recognition). [The grounds for recognition] did not dispute, Gap evidence 9, Eul evidence 1, 3, 4, 7, 8 (if any, the number is included in each number; hereinafter the same shall apply).

Plaintiff’s assertion of each entry and the purport of the whole pleading

A. C concluded a contract on the instant construction work on behalf of the Defendant (hereinafter “the instant construction contract”) on behalf of the Plaintiff, and the Plaintiff had almost completed the instant construction work. As such, the Defendant is obligated to pay the Plaintiff the remainder payment of KRW 246,94,00 for the instant construction work (i.e., fire - electricity, machinery and equipment, KRW 187,132,00,00 for telecommunications construction KRW 59,862,00) and damages for delay.

B. Even if the Defendant did not have the authority to act for the Defendant at the time of entering into the instant construction contract, the Defendant is liable by the expressive representation under Article 125 or 126 of the Civil Act when entering into the instant construction contract, and thus, is obligated to pay the said construction cost of KRW 246,94,00 and damages for delay.

Judgment

If the judgment C on the first argument places the effect of the construction contract of this case executed on behalf of the defendant to the defendant, it shall be binding on the defendant.