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(영문) 광주지방법원 2020.12.23 2019나65688
공사대금
Text

The plaintiff's appeal and the main and ancillary claims added by this court are all dismissed.

An appeal.

Reasons

1. Basic facts

A. On May 30, 2017, the Defendant concluded a contract with D to newly construct a four-story detached house (hereinafter “instant building”) on the land of 244 square meters on the land owned by the Defendant at the time of net 2,000 square meters owned by D (hereinafter “the instant building”) with the introduction of D, and agreed to pay the construction price to D.

B. On October 2017, the Plaintiff concluded a construction contract for the instant new construction works (hereinafter “instant construction works”) with C and the construction cost of KRW 47,610,200 (including value-added tax).

(hereinafter “instant construction contract”). C.

On November 21, 2017, the Plaintiff started the tin Corporation and completed construction around December 17, 2017.

The Plaintiff was transferred from D totaling KRW 25,00,000,000 on November 16, 2017, and KRW 25,000,000 on November 23, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 6, Eul evidence Nos. 1, 2, and 7 (including serial numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The summary of the Plaintiff’s assertion (1) The Defendant is obligated to pay the construction cost that C did not pay to the Plaintiff as the employer of C.

(C) (2) or (3) The defendant is the site manager, and C has the right to represent the conclusion of the instant construction contract. Thus, the defendant is obliged to pay the plaintiff the payment for the unpaid construction cost in accordance with the instant construction contract.

(C) In addition, C performs an important role in new construction works. The Plaintiff believed that the Defendant would pay the construction cost upon completion of the instant construction works from C, and C directly supervised the instant construction works. Since the Plaintiff believed that C had a legitimate authority to conclude the instant construction contract on behalf of the Defendant, the Defendant is liable to pay the unpaid construction cost to the Plaintiff.

(C's Apparent Representation Liability') (4) or D.

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