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(영문) 서울남부지방법원 2015.04.24 2013가합20244

공사대금

Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall be KRW 39,838,059 and shall be annually from November 23, 2013 to April 24, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that operates projects, such as construction, civil engineering works, and facility maintenance and repair works. Defendant C is a spouse, and Defendant C is a person who actually operates the restaurant “F” in Geumcheon-gu Seoul Metropolitan Government and the restaurant “G” in luminous city (former H. hereinafter “G”).

Defendant B (hereinafter “Defendant B”) is a corporation registered as the business entity of “G” as its representative, and Defendant D is a person registered as the business entity of “F” as his father and wife of Defendant C.

B. From January 3, 2011 to February 3, 2011, the Plaintiff performed interior works, painting works, and painting works, etc., of “F” stores. From October 25, 2012 to December 20, 2012, the Plaintiff performed interior works, such as wall and household works, electric power distribution and lighting works, and consignment works, etc. of “G” stores.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, 7, Eul evidence Nos. 1 through 4, Eul evidence No. 9, and the purport of the whole pleadings

2. Determination as to the claim for the construction cost under the interior related to “F” stores

A. On January 201, 201, the Plaintiff asserted that the construction contract was concluded with the Defendants on the interior of “F” with the Defendants, and the construction cost was KRW 32,409,000.

In addition to the fact that the Plaintiff received KRW 10,00,000,000, even after completion of all the interior works, the Plaintiff was not paid any consideration.

The Defendants are jointly and severally liable to pay the Plaintiff the payment amount of KRW 22,409,00 (=32,409,000 - 10,000,000) and the damages for delay from the day following the delivery date of the instant payment order.

B. First of all, the determination of one party to the sales contract is whether the party who entered into the sales contract with the Plaintiff is the person who entered into the sales contract.

Generally, who is the party to the contract is an issue of interpretation of the intention of the party involved in the contract, and the party's interpretation is.