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(영문) 대구고등법원 2015.04.02 2014나3277
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On December 12, 2012, the Defendant, along with his wife B, entered into a contract with D to enter into a contract with D to enter into a contract on the construction of a new E-Ground childcare center (hereinafter “instant building”) with D, the building area of 80 square meters, the construction cost of 240,000,000 won, the commencement date of construction, December 12, 2012, and the completion date of construction as of February 25, 2013 (hereinafter “the initial contract”).

However, since C's business registration was made in the name of F, which is the wife of D, the original contract was made in the name of F.

B. The Defendant decided to expand the area of the instant building. On January 9, 2013, between D and D, the building area for the initial contract was around 80,02.6: (a) the construction cost was KRW 307,800,000 from the initial 240,000 to the initial 307,80,000; (b) the initial commencement date was December 12, 2012 to January 9, 2013; and (c) the initial completion date was changed from February 25, 2013 to February 28, 2013 (hereinafter “total contract”).

However, the contract of the entire contract of this case was written in F name as mentioned above, and D is written in F's agent in the contract.

C. Building permission was granted on January 9, 2013 regarding the instant building.

1. Name of the Corporation: New construction of G child-care centers;

2. Place of construction: Cheongbuk-do E.

3. Construction period: 121,00,000 won (value of supply: 110,000,000 won, value of value-added tax: 11,000 won (11,000,000 won: 11,000,000 won): (1) The aggregate construction expenses for G child-care centers (basic, steel frame, printing teams) shall be determined by 110,00,000 won (excluding value-added tax).

(2) Matters concerning the overall execution of this project shall be responsible and managed by CBuilding Design F (Agent: D).

(3) The part concerning a design change shall be consulted with C architectural design.

On January 15, 2013, between the Plaintiff and the Defendant, the Defendant is a contractor.

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