beta
Text
1. The judgment of the court of first instance is modified as follows.
The plaintiff's primary claim is dismissed.
B. The defendant
Reasons
1. Basic facts
A. The status of a party and the process of conclusion and alteration of a contract for civil and civil construction works 1) The Plaintiff is a corporation with the purpose of civil and civil construction works, and the Plaintiff is C (mutually: G after the alteration: hereinafter “C”).
(2) On July 24, 2017, the Plaintiff entered into a contract for civil engineering works with the purport that the Plaintiff is a co-contractor and the Defendant’s individual as a co-contractor for the construction implementation and the sale and purchase of real estate, etc., with the construction cost of KRW 404,80,000 of the construction cost (including additional tax, KRW 50% of the construction cost, and KRW 60% of the remainder of the construction completion public notice) from October 11, 2017 to January 11, 2018.
(hereinafter “instant contract”). The Defendant signed and sealed the instant contract as a contractor, and C’s auditor H entered his name and mobile phone number at the bottom of the contract.
3) After that, around March 2017, the Plaintiff prepared a contract form with C’s auditor H and from October 11, 2017 to May 31, 2018, changing the construction period from the content of the instant contract into KRW 455,378,00 (including additional tax) (hereinafter “the first change contract”). While the seal of the representative director of C is affixed on the said first change contract, the Plaintiff’s personal seal is not affixed to the owner of the work. (iv) On May 31, 2018, the construction period among the content of the instant contract with the above H is fixed from October 11, 2017 to August 31, 2018, the Plaintiff changed the contract form into KRW 481,00,000 (including additional tax) and the name and seal of the owner of the work, not the Defendant’s name and seal as the owner of the work, but the Defendant’s name and seal as the owner of the work.
(b) Payment of the construction cost;