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(영문) 수원지방법원 2017.01.11 2015가단119112
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 10, 2014, the Defendant awarded a contract to C for the construction of two factory buildings on the civil engineering works that construct and improve the forest land of three parcels outside D in Kimpo-si as the factory site and on the ground thereof.

B. On August 30, 2014, the Plaintiff drafted a contract under which C wishes to receive a contract for the installation of steel structure at KRW 69,30,000 (including value-added tax) among the aforementioned plant construction works. At the time, C entered the Defendant’s name and address in the subcontractor column and signed C in the name of the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 (the same as Eul evidence 1), Eul evidence 2 through 4, Eul witness C's testimony, the purport of whole pleadings

2. The plaintiff asserts that the defendant completed all of the construction work after receiving a contract from the defendant for steel structure installation works, office steel structure installation works, and E Anuccar construction works (including steel structure installation works, KRW 69.3 million, KRW 5.17 million, KRW 1430,000, KRW 1430,000, and value added tax), among the construction work of the above factory, the defendant paid KRW 49,000,000 among the construction work cost, and paid KRW 26.9 million.

The defendant asserts that it was merely a contract for the construction of the above factory with C, and that it did not have a contract with C, a subcontractor, and that it did not have any obligation to pay the construction price to the plaintiff.

As to this, the plaintiff asserts that even if C is an unauthorized representative, the defendant ratified C's act of unauthorized representative.

3. Determination

A. First, we examine whether a contract for steel structure installation works, office steel structure works, and E Anhovash works has been entered into directly between the Plaintiff and the Defendant.

As seen earlier, Gap evidence No. 1 (Standard Contract for Private Construction Works) entered the defendant's address and name, and signed "C" next thereto, and as such, Gap evidence No. 1 (No. 1).

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