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The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
Reasons
In July 2018, the Plaintiff asserted that the Defendants asserted that the Plaintiff had been awarded a contract from the Defendants to KRW 144,500,000 among the Construction Work of the Building Building Building Building Building Building Building Building Building Building Building Building Building Building (hereinafter “instant Construction Work”) at Jeju City, and completed construction work from September 2, 2018 to December 28, 2018.
However, the Defendants paid only KRW 90,000,000 out of the construction cost of the molded construction work.
Therefore, the Defendants are jointly and severally liable to pay the remainder of 54,500,000 won to the Plaintiff.
The Defendant’s assertion is not the owner of the instant construction project, but the Plaintiff entered into a contract on the instant construction project with E, as a father of the Defendants.
Therefore, the Defendants are not obliged to pay the construction cost to the Plaintiff.
The decision (as to whether the defendant is a party to the contract of this case) is a matter of interpretation of the intention of the party involved in the contract.
If the parties agree with each other, the parties to the contract shall be determined according to their intention.
However, if the intention of the parties is not consistent, it should be determined on the basis of which person was the party to the contract if the reasonable person is the party to the contract.
(see, e.g., Supreme Court Decision 2016Da237691, Sept. 10, 2019). In light of the following facts and circumstances, it is reasonable to view that the parties to the instant contract for construction works are the Plaintiff and E in light of the following facts and circumstances recognized or known by comprehensively considering the respective descriptions of evidence Nos. 4, Nos. 1 through 3, and Nos. 5 through 22.
Therefore, the Plaintiff’s claim based on the premise that the Defendants are parties to the said contract cannot be accepted without further need for determination.
According to the building ledger and the copy of the register, etc. of the building completed as the instant construction, it is obvious that the owner of the instant construction is E.
E is the instant construction project.