공사대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
The reasons for this Court's acceptance of the judgment of the court of first instance are as follows, with the exception of adding "additional Judgment" to the plaintiff's assertion that the plaintiff emphasizes or added to this case, and therefore, it is identical to the reasons for the judgment of the court of first instance. Thus, this Court cites it in accordance with the main sentence of Article 420 of the Civil Procedure Act.
▣ 제1심 판결문 제3면 제14, 15행 중 “증인 D의”를 “제1심 증인 D, 당심 증인 F의 각”으로 고친다.
Additional Judgment
A. The Plaintiff’s assertion 1) The Defendant’s new construction of a multi-household house to be newly built in Macheon-si G and H (hereinafter “instant business”).
(2) The Plaintiff agreed to amend the instant contract into the instant contract with D, a representative of the Defendant, who was delegated with all authority by the Defendant as above. Therefore, the Defendant shall pay the Plaintiff the unpaid construction cost (hereinafter referred to as “first assertion”).
(2) On January 23, 2015, the Plaintiff and the Defendant agreed to additionally enter into an agreement with the Defendant to “in the event that the Defendant arbitrarily uses the passbook, etc. established in the name of the Defendant related to the instant project or terminates or suspends the account, the contract may be rescinded, and in the event that the Plaintiff and the Defendant fail to comply with any additional special agreement, all civil and criminal liability should be imposed.”
However, since the defendant suspended the account of the passbook opened in the name of the defendant without consultation with the plaintiff, and the plaintiff notified the defendant that the contract should be cancelled for the above reasons, the defendant must return the construction cost that the plaintiff invested to the plaintiff to its original state.
(hereinafter referred to as “second assertion”). (b)
Judgment
1. First of all, the determination of the first argument is as to the Defendant’s assertion, and as alleged in the Plaintiff, the evidence No. 12 is written when D received delegation from the Defendant of the authority to modify the instant contract into the existing contract.