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(영문) 대전지방법원천안지원 2019.12.11 2018가단110475

공사대금

Text

1. The defendant,

A. 34,399,609 won to Plaintiff A, 2,186,331 won to Plaintiff C, and 23,288 to Plaintiff D.

Reasons

1. Basic facts

A. On July 4, 2016, the Defendant obtained a construction permit by designating the Defendant as the owner of the building on July 4, 2016, in order to newly construct a multi-family house of the fourth floor size composed of 12 households’ studio on the ground of the N in Busan-si (hereinafter “instant building”).

B. On October 31, 2017, the new construction of the instant building started and completed around June 2018.

C. The Plaintiffs, among the new construction works of the instant building, performed construction works in the same sector as indicated in the “the content of construction” column in attached Table 1 No. 1, and completed each construction work.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 9 (if there are virtual numbers, including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. As to the lawsuit of this case where the plaintiffs filed a claim for construction cost against the defendant, the defendant asserts that the lawsuit of this case against the defendant is unlawful, since the parties who concluded the contract with the plaintiffs are not the defendant butO.

However, in a lawsuit for performance, the defendant is the legitimate defendant, since the plaintiff's standing to be the defendant in the lawsuit for performance is nominal and the judgment is absorbed into the judgment on the propriety of the claim.

(See Supreme Court Decision 95Da18451 delivered on November 28, 1995, etc.). Therefore, inasmuch as the Plaintiffs asserted that they have a claim for construction cost against the Defendant, the Defendant has the standing to be the Defendant, so the Defendant’s above assertion on a different premise is without merit.

3. Judgment on the merits

A. The 1st Plaintiffs asserted by the parties, the Defendant appointed theO as a general agent of the construction of the instant building, and granted theO the right of representation regarding the selection of the construction company, the agreement on the price, and the payment until the completion of the construction of the instant building.

The plaintiffs conclude a construction contract with theO representing the defendant by determining the amount stated in the "construction price" column in attached Table 1 as the construction price, and enter into the construction contract as the same list.