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(영문) 울산지방법원 2015.01.21 2014나1805
공사대금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Basic facts

A. On August 17, 2011, C entered into a contract with the Defendant and E by setting the construction cost as KRW 900 million with respect to the new construction of D collective housing (hereinafter “D”). On February 28, 2012, the Defendant and E agreed that the remaining basic construction works will proceed by E, and the remaining basic construction works will proceed by E.

B. On December 12, 2011, F and E agreed that the construction cost for the G Construction of Multi-Family Housing (hereinafter “instant G Construction”) was KRW 606,760,000 for the Defendant, and the Defendant and E agreed on June 8, 2012, as directly managed by E, and the remainder of the basic construction work is the Defendant’s progress.

C. On March 14, 2012, E entered into a subcontract for each waterproof and stone construction among the instant D and G construction (hereinafter “each of the instant construction”) to the Plaintiff, but the name of the contractor under each of the respective contracts formulated at the time was the name of the E individual.

[Ground of recognition] Facts without dispute, Gap 1 through 11 evidence, each entry and video of Eul 1 through 5 (including various numbers; hereinafter the same shall apply), testimony of the witness E at the trial, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the plaintiff concluded a contract with the defendant for each of the construction works of this case and completed the construction work of this case. Thus, the defendant is obligated to pay the plaintiff the construction cost of this case, I loan repair work part, and the name cooperative expenses. Even if the contracting party is not the defendant, E is the chief of the defendant's Ulsan mountainous district, E is the head of the defendant's Ulsan mountainous district, the plaintiff was performing construction work with H, which is the head of the Ulsan mountainous district office of E and the defendant's Ulsan mountainous district office, and the defendant created each name name stating the defendant's office with the head of Ulsan mountainous district and H as the head of Ulsan mountainous district office of the defendant's Ulsan mountainous district office, and the defendant made the name name of the defendant's office with the head of Ulsan

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