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(영문) 울산지방법원 2014.02.05 2013가단5267

공사대금

Text

1. The Defendant’s KRW 27,462,00 as well as the Plaintiff’s annual rate of KRW 5% from March 7, 2013 to February 5, 2014.

Reasons

1. Basic facts

A. On August 17, 2011, C entered into a contract with the Defendant and E to jointly conclude a contract for construction cost of KRW 900 million. On February 28, 2012, the Defendant and E entered into an agreement between the Defendant and the Defendant and the remainder of the basic construction works (hereinafter “Agreement on February 28, 2012”). (b) F and E entered into a contract with the Defendant by setting the construction cost of KRW 606,760,00 with respect to the new construction of G collective housing (hereinafter “instant G construction”) on December 12, 2011, and the Defendant agreed that the construction cost of the instant construction works shall be KRW 606,760,00 and that on June 8, 2012 between the Defendant and the Defendant and the Defendant, and the other construction works, and the remainder of the construction works shall be directly agreed upon by the Defendant as the basis for the mutual agreement (hereinafter “instant agreement”).

C. On March 14, 2012, E entered into a subcontract for each waterproof and stone construction among the instant D and G construction (hereinafter “each of the instant subcontracted construction”) to the Plaintiff, but the name of the contractor under each of the respective contracts formulated at the time was the name of the individual.

[Grounds for Recognition: Each entry and video of Gap evidence 1-11, Eul evidence 1-5 (including each number of evidence A and Eul evidence), and the purport of the whole pleadings]

2. The parties' assertion

A. The plaintiff's assertion has a duty to pay to the plaintiff since the defendant did not pay each of the subcontracted construction costs of this case, I loan repair construction costs, and I loan construction costs to the plaintiff, although the plaintiff entered into a contract with the defendant on each of the subcontracted construction works of this case, and even if the contracting party is not the defendant Eul, the defendant is liable for the expression representation.

B. The defendant's assertion is that the plaintiff entered into a contract with E, and there is no construction contract with the defendant.

Furthermore, the defendant did not lend the name of the defendant or grant the power of representation to E in concluding a contract between the plaintiff and the plaintiff.

3. Determination

A. Costs of each of the subcontracted projects in this case.