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(영문) 서울고등법원 2016.03.25 2015나7420
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On June 10, 2013, the Plaintiff prepared a construction contract agreement between B and B, who indicated that the Defendant’s agent is the Plaintiff, on the ground that the Plaintiff newly constructed a convalescent hospital from the Defendant in Busan Metropolitan City (hereinafter “instant land”) with the construction cost of KRW 10,876,80,000, and the construction period of KRW 10,876,80,000, and the construction period of KRW 10,876,800 and June 10, 2014.

(hereinafter referred to as the “instant construction”). B.

The Plaintiff performed part of the subcontracted construction work in accordance with the said construction contract, and B knew that the Defendant sold the instant land to D, and had the Plaintiff suspend the said construction work.

C. On January 11, 2014, the Plaintiff agreed with B, who indicated that the Defendant’s agent was the Defendant, to cancel the instant construction contract and to set the term construction cost at KRW 287,430,000.

[Ground of recognition] Facts without dispute, Gap evidence 1, 7 evidence, Eul evidence 7, Eul evidence 7, testimony of witness B of the first instance court, purport of whole pleadings

2. The plaintiff asserts that B is obligated to pay KRW 287,430,000 to the plaintiff, since B obtained comprehensive power of representation on the instant construction project from the defendant and concluded the instant construction contract and confirmed the cost of the construction project.

As to this, the defendant alleged that he did not confer the right of representation on B.

3. Determination

A. According to the above facts and the evidence mentioned above, Gap evidence Nos. 14-1, Eul evidence Nos. 2, 3, 4, 5, 8, and 10 (including the number of branch numbers; hereinafter the same shall apply) respectively, the defendant agreed to the construction and operation of a convalescent hospital on the land of this case around May 2006, and the defendant and Eul issued Eul a medical corporation E's employee identification card ("F hospital new employee identification card") and a certificate of personal seal so that they can be used for the construction permit and construction permit related contract for the construction of a convalescent.

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