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(영문) 서울남부지방법원 2016.08.24 2015가단62696
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On October 2012, 2012, 00, the Defendant subcontracted the Plaintiff the D Single House Egypted Work (Agypted Work) to the Plaintiff through the field director and the technical director C.

0 The defendant paid 2.3 million won out of total construction cost of 28,780,500 won, and the remaining construction cost of 26,480,50 won was unpaid.

2. Determination: Refusal of the Plaintiff’s assertion

A. It is evident that C is not an employee of the Defendant

[Witness C, 7] Otherwise, there is no evidence to acknowledge that the plaintiff entered into a contract with the defendant on the outer wall board construction subcontract as above.

Therefore, the defendant did not conclude a contract for construction with the plaintiff. Therefore, the plaintiff cannot seek payment of the construction cost under the subcontract construction contract to the defendant.

Rather, on May 25, 2012, the Defendant entered into a subcontract with C on May 25, 2012, “Fred D New Housing Construction,” and “Fred Housing Construction,” respectively, and C is only recognized as having entered into a subcontract with the Plaintiff on October 2012.

B. Whether a name truster is liable (1) The "field director" of a construction company is a person who generally takes charge of the work related to the construction at a specific construction site, and barring any special circumstance, he/she is an employee who has been delegated with the specific type of business or specific matters under Article 15 of the Commercial Act and has a partial comprehensive power of attorney as to such work.

In addition, the scope of the ordinary business of the construction site manager is all acts related to the conclusion of subcontract agreements and the payment of the construction cost related to the construction site management in addition to the materials and labor management related to the construction site management, and the conclusion of rental contracts such as the mid-term period invested in the

(See Supreme Court Decisions 94Da20884 Decided September 30, 1994; 201Da79838 Decided February 28, 2013, etc.). Meanwhile, a construction company is another person.

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