(영문) 부산지방법원 2018.11.23 2016나13274

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(영문) 부산지방법원 2018.11.23 2016나13274

공사대금등

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1. The defendant's appeal is dismissed.

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

3. Of the judgment of the court of first instance, the Disposition No. 1-A.

Reasons

1. Basic facts

A. The Defendant (or the Defendant’s referred to) decided to construct multi-household houses on the ground of the land owned by the Defendant, the Defendant (or the Defendant’s referred to) contracted the above multi-household construction (Adong and Bdong) to the above multi-household construction company (hereinafter “multi-household construction”) on May 13, 2013.

B. Since then, the Plaintiff constructed the parts of retaining walls and civil engineering additional works among the construction works for the above multi-household housing, and C requested the Plaintiff to pay the construction cost for retaining walls and civil engineering additional works, and notified the Defendant thereof.

On October 13, 2013, the Defendant made a power of delegation to C, a joint proprietor of the construction site of the multi-household house, stating that “All powers relating to the site shall be delegated to C, and the following use shall be made in the necessary documents except financial relations that require a certificate of seal imprint.”

C. On the other hand, on November 4, 2013, the Defendant issued a letter of payment stating that “The Plaintiff shall pay KRW 20,000,000 on the daily loan borrowed on September 16, 2013 until November 20, 2013, and shall pay interest KRW 3,50,000 on the said amount,” and C signed and sealed the said letter of payment as the guarantor.

C Around May 21, 2014, each letter stating that “(i) the principal and interest 23,50,000,000 won that the Plaintiff lent to the Plaintiff in connection with the construction of the said multi-household house, (ii) the interest and field admission fee that the Plaintiff paid to the Plaintiff, and (iii) the total of KRW 13,259,00,000,000, in total, KRW 133,000,000,000, in retaining walls and civil and civil additional civil and civil construction costs, shall be preferentially paid to the Plaintiff as the comprehensive multi-household loan and sales payment” (Evidence No. 1; hereinafter referred to as “each letter of this case”), and written the Defendant’s address, resident registration number, and name in each column of each of the above notes, and affixed the Defendant’s seal.

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