beta
Text
1. As to the Plaintiff, Defendant C’s KRW 13,680,000 and its amount, 5% per annum from February 8, 2014 to January 20, 2017, and the following.
Reasons
1. Basic facts
A. On April 18, 2013, the Plaintiff concluded a construction contract (hereinafter “instant construction contract”) with Defendant C, the representative of Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”) to construct the instant detached housing on the ground of reinforced concrete (refinite) 426 square meters in Incheon po-gun, Incheon (hereinafter “instant building”).
B. Defendant C newly constructed the instant building based on the instant construction contract around early 2014 and delivered it to the Plaintiff. The Plaintiff obtained approval for the use of the instant building on February 7, 2014.
The Plaintiff paid the Defendant C the construction cost of KRW 374,00,000 according to the instant construction contract.
However, Defendant C demanded payment of additional construction cost if additional construction cost of KRW 26,00,000 occurred on the wind that changes the design while performing the above construction work.
C. Accordingly, on March 18, 2014, the Plaintiff and Defendant C agreed to increase the construction cost of KRW 26,000,000 and pay it to the said Defendant. However, the Plaintiff agreed to pay KRW 1,500,000 each month from the lease of ten households of the instant building to the said Defendant.
[Ground of Recognition] Facts without dispute between the parties, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1 and 11, the purport of the whole pleadings
2. Determination as to the cause of action
A. 1) The Plaintiff’s assertion concerning the claim against the Defendant Company asserts that the Defendant Company is liable to compensate for damages caused by the defect of the building in the instant construction contract as the contractor for the instant construction contract. 2) With respect to the case where the actor who entered into a conclusive contract with a contracting party conducts a legal act in the name of another person, who is the actor or the title holder shall be considered as the party to the contract, first of all, if the actor and the other party agree with each other, the actor or the title holder shall be determined as the party to the contract according to