logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2015.06.03 2014가단30720
공사대금
Text

1. The defendant shall pay 26,720,000 won to the plaintiff and 20% per annum from August 12, 2014 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a constructor who mainly engages in electrical construction business under the trade name of “C,” and, from October 15, 2013 to December 30, 2013, the Plaintiff conducted electrical construction of newly-built multi-family housing (multi-household housing consisting of ten households; hereinafter “instant housing”) located in Yongsan-gu, Seoyang-gu, Busan (multi-household housing with ten households; hereinafter “instant housing”).

B. The Defendant was the owner of the instant housing at the time of the said electrical construction, and the registration of ownership preservation was completed in the name of the Defendant after the completion of the entire new construction works including the said electrical construction. In the process of the said electrical construction, a construction contract was prepared for the construction contract with the Defendant and the contractor as the contractor as of October 29, 2013, and the contract amount of which is KRW 36,720,000.

Under the construction contract, the construction cost is paid in full until the completion of construction work.

[Ground of recognition] Facts without dispute, Gap 1, 4 (including virtual number), the purport of the whole pleadings

2. The parties' assertion

A. Since F, who introduced the above electrical construction to the Plaintiff, concluded a construction contract with the Plaintiff on behalf of the Defendant, the Defendant is obligated to pay the Plaintiff the remainder of KRW 26,720,000 after deducting KRW 10,000,000 which was already paid to the Plaintiff from KRW 36,720,000.

(2) Even if the F does not have the right of representation, the defendant shall be liable for the name lender under Article 24 of the Commercial Act.

B. Defendant’s assertion (1) The New Construction Corporation of the instant house was entrusted to F, and the Defendant only provided F with land necessary for new construction of the instant house, and there is no authority to conclude the instant electrical construction contract under the name of F with F. Therefore, the Defendant is not obligated to pay the construction price to the Plaintiff.

(2) The Defendant did not allow F to use the name of the Defendant, and the Plaintiff entered into a construction contract with F and received construction payment from F. Therefore, the Defendant cannot be held liable to name the name of the Defendant.

arrow