공사대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Facts of recognition;
A. H (the Defendant’s mother), F, and G decided to establish a postnatal care center (hereinafter “the instant postnatal care center”) in the Sung-si, Young-si, G, by operating a postnatal care center in a partnership with the J P PP center located in Young-gu, Young-gu.
B. Around February 2012, F leased three floors from K for the instant postnatal care center’s business, and on February 28, 2012, F registered the name “J postnatal care center” in the instant building.
C. Around that time, G requested C (hereinafter “C”) to remodel the instant postnatal care center (hereinafter “instant construction”). The F paid the instant construction contract deposit to C. Since then C, while mainly pertaining to G and H and construction works, C performed the instant construction from April 1, 2012 to June 30, 2012, and received a claim for construction payment from H and G.
On the other hand, H and F agreed on May 2, 2012, when conflicting their opinions on the partnership business, and agreed on May 2, 2012. In other words, H transferred the instant postnatal care center from F to its sole operation instead of giving up the shares on the headquarters of the said JJ postnatal care center, and F completed the instant construction by June 30, 2012, and transferred the instant postnatal care center to H, and changed the lessee’s name under the relevant lease agreement to H, and agreed to provide the construction cost necessary for the instant construction within the limit of KRW 100 million out of the profits of the said headquarters.
E. After that, on June 29, 2012, F reported a postnatal care business to the competent authority on the instant postnatal care center, but on October 23, 2012, the status was succeeded to by the Defendant. The Defendant registered the business of the instant postnatal care center on October 26, 2012.
[Grounds for Recognition] The facts without dispute, the statements in Eul 1 to 4, the witness E, G, and F's testimony, and the head of Sung-nam City Public Health Center.