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(영문) 의정부지방법원 고양지원 2018.11.09 2016가합74081

공사대금

Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 5,203,591, as well as 5% per annum from June 18, 2016 to November 9, 2018.

Reasons

1. Basic facts

A. The plaintiff is a company that runs the construction business, and D is its representative director, and E is its husband.

(Evidence A Nos. 1 and 8). Defendant B is referred to Defendant C.

B. On June 29, 2015, the Plaintiff and the Defendants drafted the construction contract form (hereinafter “instant construction contract form”) with respect to the construction work of a neighborhood living facility located in Dongjak-gu Seoul Metropolitan Government (hereinafter “instant construction work”); the contract amount of KRW 660,00,000 (including value-added tax) and KRW 263,00,000 (excluding value-added tax) respectively; the instant construction contract form provides that “the commencement date shall be the starting date; the completion date shall be July 1, 2015; the completion date shall be paid on December 31, 2015; the construction work price shall be paid simultaneously with the delivery of the leased object; and the compensation rate for delay shall be governed by the general terms and conditions of the private construction contract form.”

(A) No. 2, including identification number, hereinafter the same shall apply).

From July 2015, the Plaintiff commenced the instant construction from around July 2015, and on May 31, 2016, approval for the use of the instant building was granted.

(Evidence No. 11) / [Grounds for Recognition] Gap 1, 2, and 8, Eul 11, and the purport of the whole pleadings

2. Determination as to the contractor of the instant construction

A. The Plaintiff asserted that the Plaintiff is the contractor of the instant construction project, and sought the payment for the construction work unpaid to the Defendants, and the Defendants asserted that the Plaintiff cannot seek the payment for the construction work since E is the contractor.

B. Generally, who is the party to the relevant legal doctrine constitutes a matter of interpretation of the intent of the party involved in the contract.

The interpretation of a declaration of intention clearly establishes the objective meaning that the parties have given to the act of indicating it, and in the event that the contents of any contract are written between the parties as a disposal document, it shall not be cited in the phrase used in the document, but it shall be limited to the internal intention of the parties regardless of its in