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(영문) 울산지방법원 2015.02.11 2014가단3404
공사대금
Text

1. The Plaintiff’s claim against the Defendant (Appointed Party) and the Appointed Engineering Co., Ltd. is dismissed in entirety.

Reasons

1. Basic facts (the fact that there is no dispute)

A. On June 201, the Defendant Company was awarded a contract for the relocation of the Ulsan Franchi Factory Cooperation Co., Ltd. (hereinafter “the instant construction”).

B. Defendant B was the Director of the Construction Site of the Defendant Company.

2. Determination

A. The Plaintiff’s assertion 1) On behalf of the Defendant Company, Defendant B entered into a contract with the Plaintiff on behalf of the Defendant Company for the steel framed, panel, and mast (90,000,000) for the construction cost of the instant construction. The Plaintiff completed the construction. (2) The Plaintiff added additional construction amounting to KRW 21,273,00,00, such as the construction of sewage pumps.

3) Accordingly, Defendant Company is obligated to pay to the Plaintiff additional KRW 23,081,354 [23,808,354 [1,80,00 won in the balance of the construction cost (1,80,000 won in this case - KRW 71,840,00-C paid to the Plaintiff by the Defendant Company to the Plaintiff 10,551,646-C in direct payment for the Plaintiff purchase price + KRW 21,273,00 in the construction cost paid to the Plaintiff at another site + KRW 10,500 in the construction cost paid to the Plaintiff by the Defendant Company to the Plaintiff. If Defendant Company concluded the above construction contract with the Plaintiff without the right of representation from the Defendant Company, Defendant Company 2 was obligated to pay KRW 1,80,00 in the amount of KRW 1,80,00 in the construction cost, KRW 700 in the construction cost, KRW 10,00 in the construction cost, KRW 30,000 in the construction cost.

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