(영문) 서울중앙지방법원 2021.03.30 2020나28879

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(영문) 서울중앙지방법원 2021.03.30 2020나28879

공사대금

Text

All appeals by the defendants are dismissed.

The costs of appeal shall be borne by the Defendants.

The purport of the claim and the appeal shall be 1.

Reasons

1. Facts of recognition;

A. The Defendants are co-owners of the “E” building located in Yeonsu-gu Incheon Metropolitan City (hereinafter “instant building”).

B. F managed the construction site overall with the site manager of the construction site of the instant building.

(c)

The Plaintiff engaging in construction business under the trade name of “G” entered into a contract with F on December 6, 2018, with respect to the instant construction work, with F around December 6, 2018 at the request of F for the wall and ceiling construction (hereinafter “instant construction”) among the new construction works of the instant building.

(d)

On December 7, 2018, the Plaintiff started the instant construction project and agreed with F departments to set the total construction cost of KRW 23,000,000, including the additional construction cost incurred in the course of the construction project.

E. On December 2018, the Plaintiff completed the horse construction work, and was paid KRW 21,00,000,000,000,000 as the instant construction cost, from the Defendant on December 7, 2018, as the instant construction cost.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 5, 7, Eul evidence Nos. 3, 4, and 5, Eul's testimony, and the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Defendants, through F on behalf of the Defendants, concluded a contract for the instant construction with the Defendants and completed the construction work. As such, the Defendants are jointly obligated to jointly pay the Plaintiff construction cost of KRW 2,00,000 and value-added KRW 2,30,000, total of KRW 4,300,000 and delayed damages.

2) The Defendants F entered into a contract with the Plaintiff on the instant building construction, and there was no fact that they entered into a contract on the instant construction works with the Plaintiff, and there was no fact that they delegated the authority to conclude a contract on behalf of the Plaintiff with the Defendants. Therefore, the parties to the contract on the instant construction are F, not the Defendants.

Therefore, the plaintiff.

유사 판례

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-대전지방법원천안지원 2014.01.21 2013가합2521

-서울고등법원 2019.12.19 2019나2006100

-서울중앙지방법원 2019.08.22 2018가합520538

-의정부지방법원 2015.06.17 2013가단49916