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(영문) 의정부지방법원 2018.09.19 2018나1736

공사대금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Summary of the parties' arguments;

A. The Plaintiff entered into a contract for household production and installation work (hereinafter “instant construction contract”) with the Defendant on July 20, 2014 on the completion date of construction work with respect to the production and installation of household located in Dobong-gu Seoul Metropolitan Government CD, by setting the construction cost of KRW 2,300,000, and concluded a contract for the construction of household production and installation work (hereinafter “instant construction contract”). On April 28, 2017, the construction cost of the F outside debt-raising work located in Nam-si, Namyang-si, the Plaintiff entered into a contract for the outside debt-raising construction work (hereinafter “instant construction contract”) with the Defendant, setting the construction cost of KRW 1,80,000 on April 28, 2017 as the completion date of construction. The instant construction contract was

Since the Plaintiff completed all of the construction works under each of the instant construction contracts, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 4,100,000 (= KRW 1,800,000) and damages for delay.

B. The Defendant did not conclude each of the instant construction contracts with the Plaintiff.

Although G, who is the husband of the Plaintiff, produced and established a household as in the instant construction contract, and supplied the same materials as the instant construction contract, G is merely a mere fact that G had the Defendant free of charge under the pretext of opening a business gift, etc.

2. Determination

A. Where an actor who executes a contract performs a legal act under the name of another person, the question of interpreting the intent of the party to the contract is the identity of the actor or title holder.

(see, e.g., Supreme Court Decision 2012Da4471, Nov. 29, 2012). Where an actor and the other party agree with each other, either the actor or the nominal owner shall be determined as the contracting party according to the same intent. If the other party does not coincide with the other party’s intent, based on the overall circumstances before and after the conclusion of the contract, including the nature, content, and purpose of the contract, the other party’s reasonable person is understood as the contracting party.