(영문) 인천지방법원부천지원 2020.05.20 2019가합105305

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(영문) 인천지방법원부천지원 2020.05.20 2019가합105305

공사대금

Text

1. The defendant shall pay 691,130,000 won to the plaintiff and 12% per annum from November 2, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On December 1, 2018, with respect to C and D respective solar power plants ES facilities (hereinafter “instant construction”) ordered by the Defendant between the Defendant and the Defendant, the Plaintiff drafted a construction work subcontract agreement (hereinafter “instant contract”) with the content that each contract amount is KRW 345,565,00 (including value-added tax) and the contract period from December 1, 2018 to February 28, 2019 (hereinafter “instant contract”).

B. On February 21, 2019, the Plaintiff issued a “certificate of pre-use inspection” from the Korea Electrical Safety Corporation, and completed construction under the instant contract.

C. The Plaintiff did not receive total construction cost of KRW 691,130,000 (including value-added tax) from the Defendants under the instant contract.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 5 through 8, purport of the whole pleadings

2. The parties' assertion

A. The plaintiff asserted that the construction work of this case was contracted by the defendant, and the construction work of this case was not paid even after completion of the construction work of this case.

Therefore, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 691,130,000 and delay damages.

B. The other party who entered into the contract of this case with the plaintiff is Eul, and the defendant is not a party to the contract of this case.

Therefore, the defendant is not liable to pay the construction cost to the plaintiff.

3. Determination

A. The question of who the parties to the contract are the parties involved in the contract’s interpretation of the relevant legal doctrine is the party’s intent.

If the parties agree with each other, the parties to the contract shall be determined according to their intention.

However, if the intention of the parties is not consistent, it should be determined on the basis of who understood as the party to the contract if the reasonable person is from the perspective of the other party to the declaration

Any contract between the parties;

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