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(영문) 의정부지방법원 2019.09.19 2018나216354

공사대금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

(1)in the vicinity of the State;

Reasons

1. Facts of recognition;

A. On July 2016, the Defendant was scheduled to enter into a contract for construction work with E Co., Ltd. (the representative F (Plaintiff F) but it appears to have entered into a contract with E Co., Ltd. upon requesting the conclusion of a contract with C Co., Ltd. with which E had a license to carry out construction work, such as the instant lighting.

(C) The construction contract between the Gu Government Do New Construction Works (hereinafter “C”) and the Gu Do Do Do Do Do Do Do Do Do Do Do Do Do (hereinafter “New Construction Works”) concluded a construction contract with the construction cost of KRW 159,810,00 (including additional dues) with respect to the construction work of the Gu Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do (hereinafter “instant construction work”). The Plaintiff asserted that C had concluded the construction contract with the Defendant, including the instant lighting, by lending the name of C, but the Defendant merely concluded the said contract with C, and there is no evidence to prove that the Defendant was not a party to the said contract, it is reasonable to deem C as a party to the contract

However, the conclusion of this case does not affect the conclusion of the Plaintiff, whether the Plaintiff entered into the instant construction contract, such as the instant protocol, or the field director as above.

As a result, the construction was carried out.

B. Since then, upon receipt of a request from C for the payment of the additional construction cost related to the instant sculptures, etc., the Defendant drafted a settlement statement on April 10, 2017, stating that the construction site construction confirmation and the delivery period shall be increased to KRW 207,838,000, based on the data provided by the Plaintiff (e.g., site construction and construction photographs), after confirmation by the Defendant’s site manager, the Plaintiff, and the Plaintiff. Based on such statement, around April 14, 2017, the Defendant reflected the value of supply in relation to the instant sculptures, etc. construction by reflecting the additional construction cost (parking lot, the first floor commercial building site, the machinery room block construction work, etc.) in relation to the instant sculptures, etc. construction work, and entered into the construction period of KRW 207,838,00,000, the construction period shall begin. < Amended by Presidential Decree No. 2810