공사대금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. The Plaintiff is a person who runs a construction business under the trade name C.
B. On August 20, 2012, the Defendant subcontracted the construction period of D Co., Ltd. (hereinafter “D Co., Ltd.”) to KRW 120,014,400 during the 2nd construction section of HH work to KRW 120,014,40, and agreed on December 17, 2013 to change the construction period between G and G to December 31, 2015.
C. From November 12, 2015 to January 6, 2016, the Plaintiff: (a) performed construction works on the boundary stone (200 x 300 x 100); (b) 950 meters (150 x 150 x 100); (c) 632 meters (150 x 100 m (hereinafter “instant construction works”); and (d) did not receive construction cost of KRW 25,200,00.
[Reasons for Recognition] Facts without dispute, Gap evidence 7, 8, Eul evidence 1, 2, and 4, the purport of the whole pleadings
2. The assertion and judgment
A. 1) The Plaintiff’s assertion 1) concluded a contract with the Defendant with respect to the instant construction work, and accordingly, the Plaintiff claimed for the unpaid construction cost. 2) The Defendant’s assertion that the Defendant subcontracted the instant construction work, such as the boundary stone, to G, entered into a contract with G to perform the instant construction work, and the Defendant did not conclude the contract with the Plaintiff.
Even if the defendant's employee entered into a contract, the defendant's employee has no power of representation.
B. 1 Generally, who is the party to the contract is a matter of interpretation of the intent of the party involved in the contract.
When there is a difference in the interpretation of a juristic act between the parties, the contents of the juristic act, the motive and background of the juristic act, the purpose to be achieved by the juristic act, the genuine intention of the parties, etc. shall be comprehensively considered.