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(영문) 수원지방법원성남지원 2017.11.14 2017가단6336
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 4, 2015, C entered into a contract with D Co., Ltd. (hereinafter referred to as “D.”). From Gwangju-si, the Defendant: (a) entered into a contract with D Co., Ltd. (hereinafter referred to as “D”); (b) KRW 165,00,000 of the cost of the construction of the new construction of the fourth and three lots of ground-based loan, Gwangju-si; and (c) the passenger voting construction work (hereinafter “instant construction contract”).

However, the construction cost was agreed to receive payment in lieu of the F building B, Dong 402 (hereinafter “402”) at the time of Gwangju.

B. After doing so, C transferred the status of the contractor to G (the Plaintiff’s legal representative) who is the Plaintiff’s father. However, when the Plaintiff, who is the mother of G, opens business registration, C decided to change the contractor’s status to the Plaintiff.

Accordingly, on September 28, 2015, the contract document (Evidence A2) related to the instant construction contract was prepared between G, Plaintiff, and D.

Meanwhile, on November 1, 2015, the Plaintiff completed business registration with the trade name “H”.

C. Meanwhile, the construction work under the instant construction contract was actually completed on July 5, 2016. G around July 5, 2016, to the effect that it delegated C the authority related to the instant construction contract to C, the power of attorney (hereinafter referred to as “the power of attorney”) as follows.

A No. 6 No. 6 was written and issued.

G E C AH A GD

D. Since then C transferred the ownership of the above 402 subparagraph to the I designated by C, subject to an agreement on the payment method of construction price with the Defendant or D on the basis of the power of attorney in this case.

According to such agreement, the defendant completed the registration of ownership transfer with regard to the above 402 on October 24, 2016 to I.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 through 4, 6 through 7 (including paper numbers), Eul's witness's witness's partial testimony, the purport of the whole pleadings

2. Determination

A. The plaintiff alleged by the parties should only have the authority to complete the construction work even according to the power of attorney in this case.

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