(영문) 대구지방법원 2015.01.09 2014가합4174

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(영문) 대구지방법원 2015.01.09 2014가합4174

공사대금

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1. Defendant B (Appointed Party)’s amounting to KRW 47,500,000 and its amount from April 18, 2014 to January 9, 2015 to the Plaintiff.

Reasons

1. Under the trade name of “D Company,” the Plaintiff: (a) performed general construction work, interior decoration, etc.; (b) delivered the interior decoration of “E” after the completion of construction upon request; (c) Defendant B was the operator of “E”; and (d) the Selection C is the wife of Defendant B.

【Ground of recognition】An absence of dispute, and testimony of witness F

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff entered into a contract with the Defendants at KRW 128,842,50 with respect to the interior works of “Eroat” operated by the Defendants (i.e., KRW 83,627,500 for the primary construction cost of KRW 45,215,00 for the secondary construction cost of KRW 83,627,50 for the secondary construction cost of KRW 45,215,00 for the secondary construction cost) and completed the construction. The Defendants are jointly and severally liable to pay the Plaintiff the remainder of the construction cost of KRW 1,50,00 on June 11, 2013, KRW 750,00 on June 13, 2013, KRW 12,000 on June 30, 2013, KRW 9 million on July 18, 2013, KRW 3,250,000 for the said additional construction cost of KRW 45,50,000.

B. The Defendants’ assertion C did not have concluded a construction contract with the Plaintiff, and Defendant B merely concluded a construction contract with the Plaintiff by setting the construction cost as KRW 80 million, and it did not conclude a construction contract with the Plaintiff by setting the first construction cost as KRW 83,627,500, and the second additional construction cost as KRW 45,215,00.

3. Comprehensively taking account of the following facts: (a) the Appointer C’s determination as to the claim against the Appointer C; (b) the statement of evidence No. 5; and (c) the testimony of the witness F, the Appointer C visited the construction site of “E” with Defendant B to put in the status of the progress of construction; (c) the account-based service was performed at the center of “E” and negligence; and (d) the Plaintiff was deposited in the name of the Appointer C on June 11, 2013; but (c) it is deemed that the Appointer C paid KRW 2.5 million out of the construction cost to the Plaintiff under the name of the Appointer C on June 11, 2013; (d) it is general

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