(영문) 서울중앙지방법원 2015.06.04 2014가합509434

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(영문) 서울중앙지방법원 2015.06.04 2014가합509434

공사대금

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1. The Defendant’s KRW 338,720,944 as well as 5% per annum from April 1, 201 to December 30, 2014 to the Plaintiff.

Reasons

1. On May 2, 2010, comprehensively taking account of the overall purport of Gap's statements and arguments as to Gap's Nos. 1 through 7, 9, and 10 (including the provisional parcel number circulation), Eul and D contracted the construction work of this case to the defendant on May 2, 2010 by setting the construction cost of KRW 970,00,00,00; the defendant entered into a contract on May 3, 2010 under the name of the FF Co., Ltd. (hereinafter "F") in which he/she was in office as a director (hereinafter "F"), setting the construction work of this case as KRW 70,00,00 (hereinafter "the subcontract of this case"); the plaintiff received the construction work of this case by March 31, 201 (hereinafter "the subcontract of this case"), and the fact that the plaintiff received the construction work of this case from the defendant 730,714,97,97, and the construction cost of this case until that time.

2. Although the name of the subcontractor in the above subcontract agreement entered into between the Plaintiff and the Defendant is indicated as F, the actual subcontractor in the above subcontract is the Defendant, and as the principal contractor in the first place is the F’s legal personality, and the Defendant abused the corporate personality of the Defendant, the Defendant is obligated to pay to the Plaintiff the payment for the remaining construction cost (=730,714,917 - 391,93,973,973) and the delayed payment for the said payment.

3. Determination

A. As to who is the party to the contract of this case where the actor, who entered into a final contract of this case, committed a juristic act in the name of another person, is the party to the contract, the actor or the title holder shall be determined as the party to the contract in accordance with the consent of the actor and the other party. If the intent of the actor does not coincide with that of the other party, the conclusion of the contract's nature, content, and purpose

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