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(영문) 서울서부지방법원 2019.09.20 2018가단232075
공사대금
Text

1. The Defendant’s KRW 120,000,000 as well as 15% per annum from October 9, 2018 to May 31, 2019 to the Plaintiff.

Reasons

1. Summary of the parties' arguments

A. On April 10, 2018, the Plaintiff asserted that the Defendant’s agent C entered into a contract with the Defendant for the construction of machinery and equipment works, such as heating, fire fighting, etc. (hereinafter “instant construction works”) among the newly constructed urban residential housing construction works on the Guro-gu Seoul Guro-gu Seoul Metropolitan Government (hereinafter “instant construction works”) with the cost of KRW 341,00,000 (including value-added tax, construction cost of down payment, 30% of the cost of down payment, and payment of progress payment on the 30th day of each month) (hereinafter “instant construction contract”).

The Plaintiff started construction immediately and continued construction until June 15, 2018. The Defendant did not pay the down payment and the progress payment under the contract, and the Plaintiff terminated the instant construction contract.

Until the contract for construction work of this case is terminated, the construction cost of the completed part of the construction work of this case is KRW 120,000,000, and the defendant is obligated to pay the above construction cost and delay damages to the plaintiff.

B. The defendant's assertion that there is no fact that the plaintiff was constructed at the construction site claimed by the plaintiff, and no contract is concluded between the plaintiff and the plaintiff, and the plaintiff's claim cannot be complied with because it has no means of granting the power of representation to C for concluding the contract

2. Determination

A. In full view of the overall purport of the pleadings as to Gap evidence Nos. 3 through 17, Eul Co., Ltd.: (a) constructed urban-type residential housing on Guro-gu Seoul and F land; (b) was interrupted; and (c) the defendant entered into a construction contract with G Co., Ltd. claiming that he/she is the transferee of Eul Co., Ltd., the owner of the above building; (d) around January 2018, with the construction completion of the above suspended construction work during the period from March 29, 2018 to June 30, 2018; (e) entered into a construction contract with the owner of the above building; (e) the defendant’s representative director entrusted C with the conclusion of the construction contract, and (e) the defendant’s seal imprint was issued to C on April 10, 2018 as the defendant’s representative.

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