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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The defendant did not have concluded a contract for construction work with the plaintiff. Thus, the plaintiff's lawsuit of this case seeking payment of the construction cost due to the contract for construction work against the defendant is an unlawful lawsuit filed by a person who has no standing to sue.
However, in a lawsuit for performance, the standing to be a party lies in a person who asserts his/her right to demand performance, which is a subject matter of lawsuit, and whether the right to demand performance exists is to be proved through the deliberation of the merits (see Supreme Court Decision 2003Da44387, Oct. 7, 2005). Therefore, the defendant's defense is without merit.
2. Judgment on the merits
A. The Plaintiff’s assertion (i.e., the Plaintiff’s assertion) concluded a contract for construction works with the Defendant’s representative amounting to KRW 50,000,00 on the average of construction cost among the construction works for the construction works for the Seosan-si, E, and F-based multi-family house, which was owned by the Defendant, during the period of 2013.
At the time, C was disadvantageous to the head of the site and supervised the above construction site and construction almost every day, and in light of the fact that the defendant ordered C to pay progress payment by allowing C to make a passbook under the name of the defendant, the defendant is presumed to have granted C the right of representation for the conclusion of the above construction contract even if C had made an implied declaration of intention to grant the right of representation for the conclusion of the above construction contract or not otherwise granted C the right of representation for the conclusion of the above construction contract.
After the conclusion of the above construction contract, the Plaintiff was obligated to pay to the Plaintiff KRW 80,000,000 remaining after deducting KRW 30,000 already paid to the Plaintiff from KRW 110,000 for progress payment (=200 square x 550,000 square x 550,000) since the multi-family house 1 unit and 2 unit were built up to 3 floors (a total floor area of 135 square x 70 square x 70 square x total floor area).
The defendant's argument on December 16, 2013 is on the ground D, E, and F, Seosan City between C and the person representing sex development.