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(영문) 대전지방법원 2016.03.31 2014가합105718
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Presumed facts

A. The Defendant (hereinafter “Defendant Company”) awarded a contract for the three-party new construction works, and around September 2012, subcontracted to the Plaintiff the concrete building works among them and the two-way joint construction works necessary therefor (hereinafter “instant construction works”).

The Plaintiff and the Defendant Company made an oral agreement to set up the price for the installation of a pair of lines as KRW 6,200/m2,00, and the instant construction contract with respect to concrete typified construction works (hereinafter referred to as “the instant construction contract”). The main text is that:

Details are as follows:

Details of the work: Concrete building, unit: 6,500 won in cubic metres, unit price, 6,500 won in cubic metres: Apartment and underground parking lots, and auxiliary facilities construction - special agreement conditions

2.The unit price for concrete building (including equipment) shall include the cost of labor, the cost of equipment, the cost of miscellaneous materials, the cost of meals and all other expenses necessary for the construction (Provided, That the unit price for construction shall be the unit price by item);

On April 30, 2014, the Plaintiff completed the instant construction project, and conducted installation works of a pair of 24,158 square meters in total for 73,615 cubic meters and concrete building works of a 24,158 square meters.

【Ground of recognition】 The fact that there has been no dispute, entry of Eul Nos. 1 and 2 (including virtual number) and the purport of the whole pleading

2. The assertion and judgment

A. The main point of the Plaintiff’s assertion is as follows: KRW 6,500 per cubic metres for a concrete building project, consisting of KRW 3,800,00, excluding equipment cost 2,700, and equipment cost.

However, the Plaintiff: (a) increased the site director D, site agent E, and equipment unit of the Defendant Company, who has the authority to legally act for the Defendant Company from KRW 2,700 to KRW 3,500; and (b) entered into a modified contract including the content that the Defendant Company separately pays labor cost for employees exceeding the standard number.

Even if D and E did not have the authority to conclude the above modified contract on behalf of the Defendant Company, they had a partial comprehensive power of representation for the instant construction project, and the Plaintiff is justified to believe that D and E have the authority to conclude the modified contract.

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