logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원강릉지원 2019.07.09 2018나31993
설계용역비 청구
Text

1. The defendant's appeal is dismissed.

2. Of the costs of appeal, the part resulting from the intervention is the Intervenor joining the Defendant.

Reasons

1. The reasoning for this part of the court’s determination on the cause of the claim is as follows: (a) except for the dismissal of KRW 20% (144,00,000) “(144,00,000)” as “20%(28,80,000)” (28,800,000) under the second sentence of the judgment of the court of first instance; and (b) as such, this part is cited by the text of Article 420 of the Civil Procedure

2. Judgment on the defendant's assertion

A. First, the defendant asserts that the party who entered into the contract of this case with the plaintiff is not the defendant as the intervenor joining the defendant or D (the actual operator of the intervenor joining the defendant).

In light of the following circumstances, the instant contract was concluded in accordance with the need of the Intervenor’s Intervenor even if it was established, and the cost related to construction of business facilities, including part of the cost set forth in the instant contract, was spent from the account in the name of G, the representative of the Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s representative, in relation to the cost set forth in the instant contract, in light of the following circumstances:

Even if the party who entered into the contract of this case with the plaintiff is not the defendant, the defendant joining the defendant or the defendant D cannot be viewed as the defendant.

The evidence submitted by the defendant alone is insufficient to reverse the above recognition.

Therefore, the defendant's above assertion is without merit.

① Contracting parties are not the Defendant joining the instant contract, but the Defendant.

② On January 20, 2017, the contract date of the instant case, the Intervenor joining the Defendant was not established.

(Supplementary Intervenor’s Intervenor was established on April 11, 2017). (3) The Plaintiff, recognizing the Defendant as a party to the instant contract, sent the execution design documents by e-mail used by the Defendant, and sent the content-certified mail seeking the payment of the price under the instant contract to the Defendant.

④ The Defendant’s detached house on the H ground that was concluded prior to the conclusion of the instant contract.

arrow