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(영문) 제주지방법원 2020.06.03 2019나845
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

Claim:

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 4 and Eul evidence Nos. 1 through 3 as to the cause of the claim, the facts that the plaintiff entered into a contract for the establishment of the Kafa establishment and the construction work of the Kafa establishment in the name of the defendant around January 2018 and the defendant's spouse C, a representative of the defendant, entered into a contract for the establishment of the Kafa establishment and the construction work of the Kafa establishment in the name of the defendant, and that the price for the construction is KRW 12,380,000 (=the cost for the 11,720,000 Additional Construction

According to the facts of recognition, the Defendant is liable to pay the Plaintiff the unpaid construction cost of KRW 6,660,000 and the damages for delay calculated at the rate of 15% per annum from April 6, 2019 to the day of full payment, which is the day following the delivery of a copy of the complaint in this case filed by the Plaintiff.

Although the Defendant asserts that it is not a party to the instant construction contract, according to the facts of recognition and the evidence revealed earlier, it is sufficient to recognize that the Defendant is a party to the instant construction contract, and even if not, the Defendant is obligated to pay the construction cost jointly with C, as a nominal lender under Article 24 of the Commercial Act, who had the name of business registration and the bank account used to C.

2. Conclusion, the first instance judgment is justifiable, and the defendant's appeal is dismissed.

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