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(영문) 수원지방법원안양지원 2016.04.01 2015가단10477
공사대금
Text

1. The Defendant’s KRW 37,650,00 for the Plaintiff and KRW 20% per annum from July 8, 2015 to September 30, 2015.

Reasons

1. The following facts of basic facts may be admitted either in dispute between the parties or in the entry in Gap evidence 1 to 3 (including paper numbers) by reference to the whole purport of the pleadings:

The plaintiff is a person engaged in soundproof and sports facility construction business, etc. with the trade name of "C," and the defendant is a juristic person engaged in the civil engineering work, construction work, etc. with the head office located in the Bupyeong-gu Seoul Special Metropolitan City of Gyeonggi-gu.

B. On August 20, 2014, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with the head of the site office for the extension of the D Middle School Multi-Purpose Sports Center, which was executed under the name of the Defendant, with the Defendant’s representative, setting the construction cost of KRW 77,00,000 (including value-added tax) and the construction period from August 25, 2014 to September 20, 2014, and drafted a construction contract (hereinafter “instant construction contract”) under the name of the Plaintiff and the Defendant.

C. After that, the Plaintiff completed the construction work under the instant construction contract, but did not receive KRW 37,650,000 out of the construction price.

2. The assertion and judgment

A. The plaintiff asserts that the plaintiff is obligated to pay 37,650,000 won to the plaintiff out of the payment of the construction cost under the instant construction contract, as the plaintiff entered into the construction contract of this case with the head of the field office E who received legitimate power of representation from the defendant and completed all the construction works.

As to this, the defendant does not have the right to conclude the above construction contract under the name of the defendant Eul, and the defendant asserts that since the construction contract of this case is a contract by unauthorized Representation, the defendant does not bear the obligation to pay the construction price under the construction contract of this case.

B. Therefore, E can conclude the instant construction contract under the Defendant’s name at the time of conclusion of the instant construction contract.

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