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(영문) 부산지방법원동부지원 2016.07.20 2015가단205019

공사대금

Text

1. Defendant B Co., Ltd.: (a) KRW 174,004,419 for the Plaintiff and 20% per annum from May 20, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. On May 28, 2014, the Plaintiff drafted a construction subcontract agreement with D and E hotel 21st floor with the construction cost of KRW 274,004,419 (including value-added tax) as to the interior works of D and E hotel 21st floor, and D marks the official seal of the Defendant Company and the representative director F and the Defendant Company in the column of the said contract.

B. The Plaintiff completed the construction and repair of defects as stated in the said construction contract, and received KRW 100 million as down payment and intermediate payment from Defendant B (hereinafter “Defendant Company”) from May 14, 2014 to July 14, 2014.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 5, and 6 and the purport of the whole pleadings

2. The Plaintiff asserts that the judgment on the claim against the Defendant Company entered into the said construction contract with D delegated by the Defendant Company, whereas the Defendant Company asserts that D did not have the authority to enter into the said construction contract.

In full view of the purport of the entire arguments in the testimony of the witness D, D is recognized that the defendant company was entrusted by F to the representative director of the defendant company and prepared the above contract for construction by proxy F. Thus, the defendant company is obligated to pay the construction cost under the above contract.

Therefore, the Defendant is obligated to pay to the Plaintiff 174,04,419, which did not pay out of the construction price under the above construction contract, and the damages for delay calculated at the rate of 20% per annum from May 20, 2015 to September 30, 2015, which is the day following the delivery of a copy of the complaint of this case, and 15% per annum from the next day to the day of full payment.

3. Determination as to the claim against Defendant C

A. First, the Plaintiff received a proposal from Defendant C for investment and test work related to the establishment of the Defendant Company (the Defendant C directly recruited investors and received investment money), and discussed with Defendant C as to the construction plan and the construction cost, etc., and some of the construction cost is paid.