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(영문) 대구지방법원김천지원 2015.04.22 2014가단12436

공사대금

Text

1. The Defendant’s KRW 11,976,00 for the Plaintiff and 5% per annum for the period from November 28, 201 to April 22, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a person who engages in the business of interior or remodelling in the name of “C” in the Gyeongbuk-gun B.

B. A comprehensive construction company of the Corporation is a corporation that engages in construction business in the Gumi-si 264-8 Gold Building 410-1, Dongmi-si 264-8. On April 17, 2012, the Corporation was changed to the Hansi Construction Co., Ltd. on January 27, 2014, the Kasi Construction Co., Ltd. and the Defendant on November 17, 2014, and each other.

C. Around September 25, 2011, the Plaintiff concluded a construction contract with the intent to KRW 45,100,000 for construction cost among the construction works of F Child Care Centers in D and Gu and Si/Gu, Si/Gu.

(hereinafter “instant construction contract”). D.

On November 27, 2011, the Plaintiff completed the instant construction work, and on November 28, 2011, issued a tax invoice for the instant construction to the Defendant.

E. D served for the Defendant Company from October 18, 201 to June 1, 2012, and paid the Plaintiff KRW 76,374,00 in total from June 20, 201 to December 31, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 4 (including each number, if any, hereinafter the same shall apply) and the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff entered into a miscellaneous construction contract with the Defendant during the construction of the F Child Care Center in the Gu/U.S. E, and did not receive the construction cost of KRW 45,100,000, and sought payment for the construction cost.

As to this, the defendant asserts that D was not a party, and even if D was to conclude the instant construction contract on behalf of the defendant on behalf of the defendant, D paid all the construction cost of this case to the plaintiff.

3. First of all, we examine whether D executed the instant construction contract individually or on behalf of the defendant.

However, even if the defendant's argument is based on the defendant's argument, the defendant is entitled to the same construction contract as the construction of this case.