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(영문) 울산지방법원 2019.02.14 2018가합981

공사대금

Text

1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs a soil construction business, a reinforced concrete construction business, etc., and the Defendant is a company that runs a construction business.

B. On November 3, 2016, the Defendant was awarded a contract for construction work for the new construction of neighborhood living facilities and detached houses on the ground of Ulsan-gu D (hereinafter “instant new construction work”) with the construction cost of KRW 1 billion (excluding value-added tax).

【Ground for recognition】In the absence of dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff entered into a contract for construction works with the Defendant’s internal director, under which the Plaintiff entered into a contract with the Defendant to set the construction period from November 1, 2016 to December 30, 2016, and the construction cost amount of KRW 220,440,000, and completed the said construction works thereafter.

Therefore, the Defendant is obligated to pay to the Plaintiff the remaining construction cost of KRW 220,440,000 less the construction cost of KRW 10,000,000,000 for the instant construction cost (i.e., KRW 2220,440,000 - KRW 10,000) and damages for delay.

B. Even if E is not the defendant's representative, E is a person who worked as the defendant's internal director, and the defendant is obligated to pay the remaining construction cost of KRW 214 billion to the plaintiff in accordance with the representation doctrine under the Civil Act.

3. Determination

A. 1) On the Plaintiff’s assertion that E entered into a contract for construction work of this case on behalf of the Defendant, the construction contract document (Evidence No. 2) that seems consistent with the above assertion cannot be deemed as evidence because there is no evidence to deem that the Defendant’s seal affixed to the above contract was sent by the Defendant’s seal, and there is no other evidence to acknowledge the above assertion. 2) Even if the seal affixed to the above contract for construction work is affixed by the Defendant’s seal.

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