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(영문) 전주지방법원 2014.12.04 2014나3002

하자보수공사비

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The total cost of the lawsuit is resulting from the supplementary participation.

Reasons

1. Basic facts

A. The Defendant is registered as a business entity that runs construction business under the trade name from January 25, 2010 to “D,” and the Defendant’s Intervenor is the Defendant’s father and mother, who runs business under the name of the Defendant’s business entity.

B. On May 10, 2013, the Plaintiff entered into a construction contract with the Defendant or the Defendant’s Intervenor with the content that he/she will contract a restaurant construction work (hereinafter “E”), “E” of the department store underground, on a lot located in Seogdong-gu Seoul Special Metropolitan City.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff and the Defendant concluded a construction contract under which the Defendant agreed to complete the instant construction work in KRW 38 million, or the Plaintiff concluded the said construction contract by misunderstanding the Defendant as business owner, and the Plaintiff suspended the construction and completed the remainder of the construction work. Therefore, the Defendant is obliged to pay KRW 16,155,00,00, which is the cost invested in the remainder of the construction work.

B. First, in light of the purport of the entire pleadings as to whether the above construction contract was concluded between the Plaintiff and the Defendant, the Plaintiff entered into a construction contract between the Defendant and the Defendant with the purport of the entire pleadings, and the Defendant, the Plaintiff entered into a construction contract with the Defendant, which was completed at KRW 89 million for the construction cost of the instant construction project and the restaurant restaurant’s restaurant (“F”), a restaurant located underground in the instant department store, and changed the content of the contract as it reduced the scope of the instant construction project to the instant construction project. A estimate prepared by the Plaintiff at the time of negotiating the contract for the instant construction project, the representative of the “D” was written as the Defendant, and the Plaintiff completed the construction work that was not executed by stating “D representative” as the “D representative Intervenor.”