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(영문) 인천지방법원부천지원 2019.01.09 2018가합328

공사대금

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 4, 2012, Defendant D Co., Ltd. (hereinafter “D”) obtained a construction permit from the competent authority to construct a factory of three-story above ground level (hereinafter “instant factory”) on the land E (hereinafter “instant land”).

B. On October 10, 2014, a standard contract form for private construction works relating to the construction of the instant plant in the name of Defendant B Co., Ltd. (hereinafter “B”) and F (hereinafter “instant contract form”).

The main contents are as follows:

【Standard Contract for Private Construction Works】

1. Construction name: The steel frame and the board construction project from among the construction works for the new construction of a D,00 factory;

2. The construction site: within the Eth of Gyeonggi-do Leecheon-si;

3. Date of commencement: Date scheduled for completion on October 4, 2014: Contract price on December 5, 2014: 625,900,000 won (including value-added tax): Daily wage of KRW 145,831,450 (including daily wage of KRW 145,831,450, value-added tax of KRW 56,90,000).

6. Contract bond: A contractor and a contractor shall enter into a contract in accordance with an agreement and promise to perform their contractual obligations in good faith and sincerity, and shall prepare two copies of the contract documents as evidence of this contract and keep them in one copy; and

Contractor: Defendant B, subcontractor: G Company F

C. The instant factory was completed on January 15, 2016.

[Reasons for Recognition] Evidence Nos. 1-1, 2, 7, and 9-2, and the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff, in the trade name G, operated a V manufacturing and sales, construction business, etc. However, the Plaintiff was a business operator with bad credit standing, and only the name of the representative of the business operator was F.

B. Around October 2014, Defendant D requested the Plaintiff to newly construct the instant factory on the instant land, and the Plaintiff and Defendant D entered into an oral contract with the Plaintiff at the time.

However, since comprehensive construction licenses have been required to build the factory of this case, Defendant D is a limited liability company in form.