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(영문) 서울고등법원 2015.04.10 2014나50823
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. The reasons for the court's explanation concerning this case are as follows: (a) the admitting of the judgment of the court of first instance changed "No. 6" from "No. 9" to "No. 9"; and (b) the defendant added the following judgments with respect to the matters alleged in the trial of the court of first instance, it is identical to the reasons for the judgment of the court of first instance, and therefore, (c) the same shall be

2. Additional matters to be determined;

A. The Defendant’s assertion that the construction contract for B and C was concluded by the involvement of K, not the Plaintiff, and the Plaintiff had been awarded a subcontract for the subcontracted construction work from K even before K, the Plaintiff consulted with F in the process of concluding the construction contract for B, such as submitting a written estimate of construction and a construction royalty to F, not the Defendant, in connection with the construction work, and having the Defendant work directly contacted with F in relation to the payment or settlement of the construction cost, and having L work for the Defendant performed the role of the head of the site under the direction of F as F, and the Defendant is not entirely involved in the construction work. In full view of the fact that the Defendant was not involved in the construction work, the parties to the construction contract for B and C are not the Defendant, and thus, the Defendant, not the parties to the construction contract for B and C, is

B. As to who is the principal of the contract where the actor, who is a principal of the contract, committed a juristic act in the name of another person, should be determined as the party to the contract, first of all, if the actor and the other party agree with each other, then the actor or the title holder shall be determined as the party to the contract. If the other party does not coincide with the intent of the actor and the other party, based on the specific circumstances before and after the conclusion of the contract, including the nature, content, purpose, and circumstance of the contract, etc., if a reasonable person is to be understood as the

On the other hand, a disposal document.

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