공사대금
1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
On September 11, 2009, the Defendant Korea Land and Housing Corporation concluded a construction contract with respect to the construction work for Sejong Special Self-Governing City D (hereinafter “instant construction work”) with respect to the construction work for Sejong Special Self-Governing City D (hereinafter “instant construction work”), starting from September 16, 2009 to September 15, 2012.
On April 9, 2014, the Plaintiff decided to conduct a CCTV survey, dredging work, and repair work for defective sections (hereinafter “instant dredging work”) with excellent pipes at the site of E and the instant construction work site, and the instant dredging work was performed from April 9, 2014 to May 31, 2014.
On December 10, 2010, ELD Construction was ordered to commence rehabilitation procedures by the Jeonju District Court 2010 Gohap16, and on April 19, 2012, the rehabilitation plan was approved and finalized around that time. On January 25, 2017, the decision to discontinue rehabilitation procedures was finalized at that time.
After that, on March 17, 2017, the bankruptcy was declared by the Jeonju District Court 2017Hahap2, and the bankruptcy trustee C of ELD Construction Co., Ltd. (hereinafter “Defendant bankruptcy trustee”) of the debtor, who is the receiver B of ELD Construction Co., Ltd. of the debtor rehabilitation debtor, appointed as the bankruptcy trustee, took over the litigation of this case.
[Ground of recognition] without dispute, Gap evidence 3, Eul evidence 1, and Eul's whole purport of pleading, Eul, an employee of ELD Construction who asserted the plaintiff's whole purport of pleading, concluded a construction contract for the dredging work of this case with the plaintiff on behalf of ELD Construction. Thus, ELD Construction is obligated to pay 93,504,40 won which was unpaid to the plaintiff.
Even if there was no legitimate power of representation to act on behalf of ELD Construction
Even if ELD Construction used a name tag that E may be mistaken for a representative of ELD Construction, it expressed its intent to grant the power of representation, and accordingly, the dredging construction contract of this case.