공사대금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The facts constituting the following facts can be acknowledged in full view of the following facts: there is no dispute between the parties or the statements in the evidence Nos. 1 and 8 (including the serial number) and the testimony in the witness B of the first instance trial;
On April 19, 2012, the Defendant determined the construction period from Dong-dong Housing Co., Ltd. as KRW 1,420,000 from April 19, 2012 to February 28, 2013, and received a contract for D Apartment Fire Fighting Corporation in the East Sea as “D Apartment Fire Fighting Corporation” in the East Sea.
B. On July 27, 2012, the Defendant awarded a subcontract to Co-Defendant B of the first instance trial by setting the construction period of part of the said construction from April 4, 2012 to February 28, 2013, as construction cost of KRW 357,00,000.
2. The plaintiff asserted that the defendant and the co-defendant B of the court of first instance are obliged to pay the construction cost, as they completed the construction work by being subcontracted with D apartment fire partition construction (hereinafter "the fire prevention construction of this case") from the defendant and the co-defendant B.
As to this, the defendant asserts that the plaintiff did not request the fire prevention construction of this case, and that the co-defendant B of the first instance court only was the field manager, and there is no authority to represent the defendant, and therefore there is no obligation to pay the construction cost of the fire prevention construction
3. Determination
A. In a case where an actor who executes a contract in relation to the confirmation of the contracting party conducts a juristic act in another person’s name, as to whom the actor and the nominal owner are the party to the contract, the contracting party shall first determine the offender or the nominal owner as the party to the contract in accordance with the consent of the actor and the other party. If the other party does not coincide with the intent of the actor and the other party, based on the specific circumstances before and after the conclusion of the contract, such as the nature, content, purpose, and the circumstance surrounding the conclusion of the contract, the contracting party shall be determined by
Supreme Court Decision 9.9.9.