(영문) 인천지방법원 2019.01.09 2018가단11830

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(영문) 인천지방법원 2019.01.09 2018가단11830

공사대금

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1. The Defendant shall pay to the Plaintiff KRW 54,00,000 and the interest rate of KRW 15% per annum from February 25, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant decided to newly build urban residential housing and neighborhood living facilities on the ground of the land in Bupyeong-gu Incheon, Incheon, and thereby, entrusted Nonparty E with overall management of the construction of the building, and Party E appointed F as the head of the construction site.

B. On February 9, 2016, between F and F on behalf of the Defendant, the Plaintiff entered into a construction contract with respect to the part of the interior works during the instant construction period from February 9, 2016 to September 10, 2016, setting the contract amount of KRW 154,00,000 (hereinafter “instant contract”), and F reported the conclusion of the instant contract to G and B on behalf of the Defendant and on behalf of the Defendant.

C. Although the Plaintiff completed all construction under the instant contract, it was merely paid a total of KRW 100,000,000 between March 15, 2016 and August 30, 2016 as construction price, and did not receive the remainder of KRW 54,00,000, and the Defendant completed registration of preservation of ownership of a new building around July 14, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, witness F's testimony, purport of whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the plaintiff shall be paid KRW 54,00,000,00 not paid by the defendant in accordance with the contract of this case. On the other hand, the defendant made a lump sum contract for the new construction of the building to E, and the contract of this case was concluded by F who does not have the authority to represent the defendant by stealing the name of the defendant. Thus, the plaintiff did not have the obligation to pay the construction

B. As seen earlier, the instant contract is concluded with the approval of the Defendant’s children who participated in the construction on behalf of the Defendant, and the Defendant completed the construction and completed the registration of initial ownership as to the newly constructed building.

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