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1. The Defendant shall pay to the Plaintiff KRW 49,083,850 and the interest rate of KRW 15% per annum from March 26, 2016 to the day of complete payment.
Reasons
1. The parties' assertion
A. On August 2, 2015, the Plaintiff completed tin construction work (hereinafter “tin construction”) after being awarded a contract with the Defendant for KRW 84,158,250 of the construction cost among the new construction works of the factory building, etc. of Korea C&C Co., Ltd. (hereinafter “Korea C&C”) and added tin construction work equivalent to KRW 1,425,60,000, and thereafter, tin construction was paid KRW 36,50,000 among the construction cost, but did not receive the remainder of KRW 49,083,850. As such, the Defendant is obligated to pay the unpaid construction cost and damages for delay.
B. The other party to the contract of defendant tin Corporation is not the defendant but the defendant, and thus, the claim of this case against the defendant who is a corporation is without merit.
2. Determination
A. As to whom the other party to a contract for tin works is a party to the contract in cases where the actor who entered into a contract for a juristic act in the name of another person is deemed a party to the contract in which the actor and the other party agree, first of all, if the actor and the other party agree with each other, the offender and the nominal person shall be determined as the party to the contract. If the other party fail to agree with the intent of the other party, based on the specific circumstances before and after the conclusion of the contract, such as the nature, content, purpose, and the circumstances surrounding the conclusion of the contract, the party
(See Supreme Court Decision 2007Da31990 Decided September 6, 2007, etc.). Examining the following circumstances, in light of the legal principles as seen earlier, it is reasonable to deem that the other party to the tin contract is not the Defendant, but B, in light of the aforementioned legal principles: (a) evidence Nos. 1 through 6, 9, and Nos. 1 and 2, and the witness’s testimony.
① From June 5, 2015 to January 11, 2016 established by the Defendant, B served as the Defendant’s representative.
(2)