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1. The judgment of the first instance, including the Plaintiff’s claim extended by this court, shall be modified as follows.
The defendant.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff’s assertion 1) The Plaintiff is a kindergarten E in Nam-gu, Nam-gu, Gwangju (hereinafter “instant kindergarten”) from the Defendant on September 2012, 201.
2) The Plaintiff’s first construction works, etc. inside the classroom (hereinafter “instant construction works”).
(2) On October 27, 200 of the same year, the Plaintiff received only KRW 641,000 out of the above price after having been awarded a contract for KRW 90,641,000, and completed the construction of the same year, but the Plaintiff received only KRW 80,00,000 among the above price. (2) After which the Plaintiff received an additional construction from the Defendant for an external rooftop signboard (hereinafter “instant additional construction,” and combined with the instant initial construction, referred to as “each of the instant construction”).
3) Nevertheless, the Defendant did not pay the Plaintiff KRW 10,710,000 among the initial construction cost of this case and KRW 10,710,000 among the initial construction cost of this case. Thus, the Defendant is obligated to pay the Plaintiff the total sum of the construction cost of this case (i.e., KRW 10,000,000) and delay damages therefor (i.e., KRW 10,710,000) to the Plaintiff. (ii) The Defendant dispute over the purport that the Plaintiff is not the contracting party of each of the construction works of this case. As such, in a case where the actor or title holder is deemed a party to the contract in another person’s name, the Defendant should first determine the offender or title holder as the party to the contract in accordance with the consent of the actor and the other party, and if the actor and the other party do not coincide with the intent of the actor and the other party, the other party should be determined by the reasonable circumstances of the contract between the parties and the other party 98.