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(영문) 대전지방법원홍성지원 2017.05.11 2016가합308

공사대금

Text

1. Defendant B shall pay to the Plaintiff KRW 209,00,000 and the interest rate of KRW 15% per annum from July 2, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On April 6, 2015, Defendant Scenic Construction Co., Ltd. (hereinafter “Defendant Co., Ltd”) was awarded a contract for the construction of a building to be used by Korea Saemaul Savings Depository (hereinafter “instant construction”) on the ground of Seosan-si’s land (including value added tax) on the construction cost of KRW 242,00,000 (including the value added tax).

B. Around May 2015, Defendant B received a subcontract for the instant construction work from the Defendant Company in KRW 210,000,000, and concluded a construction contract to re-subcontract the instant construction work to the Plaintiff at KRW 209,000 (including value-added tax) (hereinafter “instant construction contract”) between the Plaintiff and the Plaintiff on June 25, 2015.

The plaintiff asserts that the party who entered into the contract of this case is not the defendant B, but the defendant company, but the above argument is as follows 2.

A. The reasons as seen in the paragraph are without merit.

(c) The Plaintiff performed services following the instant construction from May 28, 2015 to July 15, 2015. [Grounds for recognition] Defendant Company: (a) the absence of dispute; (b) the entry of evidence Nos. 1, 1, 1 and 2; and (c) the purport of the entire pleadings; (c) Defendant B: deemed confession (Article 150(3) of the Civil Procedure Act).

2. Determination as to the claim against the defendant company

A. The Plaintiff asserts that the Defendant Company should pay the construction cost equivalent to KRW 209,000,00 as a party to the instant construction contract. Therefore, the Defendant Company is a party to the instant construction contract.

Generally, who is the party to a contract is a matter of interpretation of the intention of the party involved in the contract, and the interpretation of the expression of intention clearly establishes the objective meaning which the party gave to the expression of intent, and in the event that the contents of a contract are written in writing, which is a disposal document, it shall not be bound to the terms used in the document, but shall be written regardless of the internal intention of the party.