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(영문) 부산지방법원 2020.02.27 2019가단302202

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who is engaged in interior construction business with the trade name of “C,” and the Defendant Union is a regional housing association established with the approval of establishment around March 18, 2016 by the Committee for Promotion of the Regional Housing Association (hereinafter “Promotion Committee”) organized to implement the project for constructing the main multi-purpose apartment (hereinafter “instant project”) with the Gilsan-gu D main project site as the project site of Ulsan-gu. The Defendant Union is an agent of the said Promotion Committee.

B. On November 25, 2014, the Plaintiff entered into a contract for construction works (hereinafter “instant construction contract”) with the Ulsan-gu E District Housing Promotion Center (hereinafter “instant construction works”) during the construction period of KRW 242,80,000 of the construction cost, from November 25, 2014 to January 31, 2015, the Plaintiff entered into a contract with the Plaintiff for construction works that the Plaintiff contracted (hereinafter “instant construction contract”), and signed and sealed the instant construction contract to the effect that the promotion committee approves the contract.

Article 3 [Scope of Duties] Article 3 (Scope of Duties; hereinafter the same shall apply) The term “B (referring to “F; hereinafter the same shall apply)” shall perform duties under an agency contract with “A (referring to the Promotion Committee; hereinafter the same shall apply)” as follows, and “A” shall delegate duties to “B” for the prompt and smooth promotion of the project of this case, and “B” shall report to “A” on the progress, execution, decision, etc. before or after the execution of duties and obtain approval:

(4) Contracts for the selection of service companies, etc. related to the project promotion and all affairs related thereto.

1. Selection and contract of a service company, such as design, advertisements related to the recruitment of members, and the establishment of a public relations center;

3. Article 4 [Handling and Execution of Expenses and Settlement] ① “B” has been executed prior to the authorization for the establishment of a regional housing association (such as land contract funds, design expenses, advertising expenses, public relations expenses, rent and expenses for the establishment of a public relations center, and fees for recruiting members).