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(영문) 서울서부지방법원 2019.11.08 2017가단19312

공사대금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiffs used the trade name of “D” and engaged in interior decoration construction business, etc. The business registration was completed in the name of Plaintiff A, and Plaintiff B, as Plaintiff A’s children, participated in the business by using the title of the said company’s representative, president, etc., ordering the construction, and supervising the execution of the ordered construction.

B. On February 17, 2016, the Defendant’s mother, introduced Plaintiff B, a construction business operator, through Nonparty F, and consulted Plaintiff B with the Plaintiff on or around February 17, 2016, and around February 22, 2016, the Defendant’s agent, as the Defendant’s agent, requested the Plaintiff B to perform construction work, such as the floor floor, bathing day, stairs, shower, and boiler installation (hereinafter “instant construction work”).

C. From that time, Plaintiff B commenced the instant construction work and completed the construction work on March 22, 2016, and the Defendant paid Plaintiff B’s bank account KRW 44,00,000,000 in total, as of February 22, 2016, KRW 20,000 on February 24, 2016, KRW 3,000,000 on March 4, 2016, KRW 1,000 on March 5, 2016, KRW 1,000 on March 5, 2016, and KRW 44,000,000 on March 7, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 1 and 5 (including paper numbers), the examination result of some parties to the plaintiff Eul, the purport of the whole pleadings

2. Assertion and determination

A. The gist of the claim by the parties 1) The plaintiff A asserted that the construction work in this case was contracted by the defendant as KRW 72,000,000 (excluding value-added tax) (hereinafter "the contract in this case").

(1) The Defendant, upon completion of the construction work, has paid only KRW 44,00,00,000 among the construction cost, has the obligation to pay the remainder of the construction cost to the Plaintiff A ( KRW 72,200,000) ( KRW 1.1 - 44,000,000) and delay damages therefor.

On the other hand, consultation and construction on the instant contract were led by Plaintiff B, and as a result, the parties to the said contract were Plaintiff B.