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(영문) 인천지방법원부천지원 2019.09.19 2018가단120423

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a company with the purpose of civil engineering, construction work, etc., and the steel-frame construction part of the steel-frame construction work from D during Jeju-si E’s ground neighborhood living facilities (hereinafter “instant construction work”).

(2) The Defendant was awarded a contract. 2) The location of the building F in Jeju and H was the location of the building site and the name “H” and the interior work was conducted after completing the business registration.

B. (1) The Plaintiff entered into a contract with D and the instant construction work on February 6, 2017 to March 20, 2017, setting the construction period as the contract price of KRW 19 million (value-added tax separate) and the standard contract for private construction works (Evidence 1; hereinafter “instant contract”). The Plaintiff entered into a contract with D and the instant construction work on February 6, 2017 to March 20, 201, as the standard contract for private construction works.

2) At the time of the conclusion of the instant construction contract, D entered the Defendant’s name and address in the contractor column of the instant contract.

C. The Plaintiff completed the instant construction and paid the construction cost. On April 25, 2017, the Plaintiff issued electronic tax invoices with the total amount of KRW 11,99 million as KRW 10,000,000,000 from the deposit account in the name of the Defendant. 2) On February 6, 2017, the amount of KRW 10,000,000 from the deposit account in the name of the Plaintiff was transferred to the Plaintiff, and KRW 75,00,000,000,000 from April 14, 2017, and KRW 15,000,000,000 from May 31, 2017.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 5 to 14, and the purport of the whole pleadings

2. The plaintiff's assertion

A. The primary argument that the Plaintiff concluded the instant construction contract with D representing the Defendant and completed the instant construction work.

Therefore, the defendant is obligated to pay to the plaintiff the remaining construction cost of KRW 44.9 million under the construction contract of this case and damages for delay.

B. Preliminary assertion, even if the Defendant did not grant D the authority to conclude the instant construction contract, D’s act of representation is expressed by the indication of granting power of representation under Article 125 of the Civil Act.

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