공사대금
1. Of the judgment of the court of first instance, the part against the Defendants ordering payment in excess of the amount ordered below.
1. Facts of recognition;
A. On July 25, 2016, Defendant A leased a construction business license from Defendant B Co., Ltd. (hereinafter “Defendant Company”), and entered into a construction contract (hereinafter “instant contract”) with the Plaintiff as to the part of the instant construction project, which is the outer wall (hereinafter “instant construction”) under the name of the Defendant Company, with the construction cost of KRW 105,60,000 (including value-added tax) and the construction period from July 25, 2016 to August 31, 2016 (hereinafter “instant contract”).
B. After that, the Plaintiff continued the instant construction until October 2016.
C. According to the instant contract, the Plaintiff received KRW 60,000,000 in total for the construction cost under the name of the Defendant Company or the ASEAN ( KRW 20,000,000 on August 12, 2016, KRW 20,000 on August 31, 2016, KRW 10,000 on September 13, 2016, and issued a tax invoice for Nonparty G Co., Ltd. in the name of the Defendant Company or the ASEAN, as instructed by the Defendant A.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings
2. Determination as to the cause of action
A. The gist of the Plaintiff’s assertion is the substantial party to the instant contract, and the Defendant Company is the contractual owner who entered into the instant contract in its name after leasing the construction business license to the Defendant A.
Until October 2016, the Plaintiff completed an amount equivalent to 98% of the instant construction work, and due to additional construction, the construction cost under the instant contract increases to KRW 170,00,000 (including value-added tax), so the Defendants are jointly and severally liable to pay the Plaintiff the unpaid construction cost of KRW 110,000,000 ( KRW 170,000,000 - 60,000), and the delay damages therefrom.
B. (1) Determination (1) The fact that Defendant A is the actual party to the instant contract is not a dispute between the parties.
On the other hand, he uses his name or trade name.