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(영문) 서울남부지방법원 2018.07.24 2017가단234778
공사대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 55,00,000 and 6% per annum from January 1, 2013 to September 12, 2017.

Reasons

1. The key issue of the instant case is ① Whether the Plaintiff and the Defendants concluded a contract for asbestos removal and removal works with the Defendant Company B (hereinafter “Defendant Company”) (hereinafter “instant construction works”) and D Hospital asbestos removal and removal works (hereinafter “instant construction works”); whether the other party is the Plaintiff; ② whether the Defendants’ obligation to pay and settle the construction price was settled; ③ whether Defendant C’s obligation under Defendant C’s evidence No. 2 has expired; and thus, this is examined as to the following.

2. Whether the other party to the instant construction contract is a plaintiff or E

A. (1) The party’s assertion (1) is the actual operator operating the Plaintiff; the Plaintiff concluded the instant construction contract with the Defendant Company; and the construction has been completed between November 201 and January 2012, the Defendant Company as the principal debtor, and the Defendant C as a joint and several surety who prepared and delivered a payment note (Evidence A2) shall pay the construction price to the Plaintiff.

(2) The Defendants’ instant construction contract is not the Plaintiff but E.

B. (1) Determination of the relevant legal doctrine generally constitutes a matter of interpretation of the intent of the party involved in the contract.

(1) In cases where an actor who enters into a contract does a juristic act under the name of another person, and the actor or title holder is deemed a party to the contract, whether the actor or title holder ought to be determined as a party to the contract according to the same intent if the actor and the other party agree with each other, and where the actor and the other party fail to agree with each other, if the other party fail to agree with each other, the other party is able to understand either the actor and the title holder as a party to the contract, based on the specific circumstances before and after the conclusion of the contract, such as the nature, content, purpose, and conclusion of the contract.

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