공사대금
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The plaintiff who was added in the first instance as a preliminary one.
1. Facts of recognition;
A. On August 19, 2014, D entered into a construction contract with Defendant B on August 19, 2014 (hereinafter “instant construction contract”) with respect to the “contractor B”, “contractor F company G” (a written contract with the contractor and the contractor appears to be changed, and G appears to be a H’s clerical error registered as the Plaintiff’s business entity and the F company), contract amount of KRW 59 million, and completion completion date of construction works (hereinafter “instant construction contract”).
B. Defendant C is the actual business operator of the above E-cafeteria as the wife of Defendant B.
C. The instant construction was completed around August 31, 2014.
From August 11, 2014 to September 5, 2014, Defendant B paid the sum of KRW 45 million to the account in the name of the said H, and paid KRW 6,300,000 as the instant construction cost by paying KRW 6.3 million to the household price.
【Ground for Recognition: Unsatisfy Facts, Gap 1 through 5 (hereinafter referred to as "satisfy number")
(2) each entry and video, and the purport of the entire pleadings]
2. Judgment on the Plaintiff’s claim for construction cost
A. The Defendants asserted that the lawsuit of this case should be dismissed, since the Plaintiff was not a party to the construction contract of this case.
However, in a lawsuit for performance, a person who asserts that he/she is the person entitled to claim performance has standing to sue, and a person who asserts that he/she is the person liable to perform shall be the defendant, so it is not necessary that the plaintiff is the person in
Therefore, the defendants' defense is without merit.
B. 1) The Plaintiff, either directly or through D, delegated the authority to conclude the construction contract, and concluded the instant construction contract with Defendant B. The instant construction work was completed. Defendant B completed the instant construction work. Defendant B and additional construction cost of KRW 7.7 million and KRW 13,246.