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(영문) 서울북부지방법원 2018.09.11 2017가단12919
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On February 2, 2016, the Plaintiff asserted that the apartment complex model and unit household model were requested by the Defendant to construct an apartment complex model and unit household model and completed the supply by March 16, 2016.

Therefore, the defendant is liable to pay the plaintiff the unpaid amount of five million won and damages for delay.

2. In full view of the overall purport of the arguments as to Gap evidence Nos. 1, 2, and 6, Eul representing the Committee for Promotion of the Regional Housing Association (hereinafter referred to as the "Regional Housing Association") on February 12, 2016: G operating the company "F" on February 12, 2016; G constructing the above Regional Housing Association's proxy company on the side of the said Regional Housing Association (hereinafter referred to as the "Ssung"); and constructing the above Regional Housing Association's public relations center; and executing the construction of the above Regional Housing Association's public relations center; Eul representing the said Regional Housing Association's committee's committee's representative on March 9, 2016; the fact that the above Regional Housing Association's construction of the instant public relations center and the Defendant's construction of the instant regional Housing Association's request and payment of construction price to the above Regional Housing Association's construction price of KRW 1.26 million on March 16, 2016 is recognized as part of the supply price of apartment housing at the above Regional Housing Association's No. 1.36.5 million.

As to whether B was authorized to conclude a contract from the Defendant, in full view of the purport of the entire pleadings as a whole by witness B and C, the fact that B received the above construction work from the present DNA and borrowed the name of F from F and entered into a construction contract in the name of F, and that B et al. were a tax invoice from the regional housing association and the present DNA while performing the construction work.

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