(영문) 대구지방법원경주지원 2013.06.28 2012가합709

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(영문) 대구지방법원경주지원 2013.06.28 2012가합709

공사대금 등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a company established for the purpose of land and offshore plant manufacturing business, etc., and B is a person who engages in technical service business, etc. in the trade name of “C”.

B. The Defendant was awarded a subcontract for D Corporation’s “D Corporation”, which was ordered by Thotech Co., Ltd., and was awarded a subcontract for E Corporation’s “E Corporation” ordered by E-O-O corporation from Eiti.

C. On December 30, 2011 between the Defendant and B, the Defendant entered into a contract to re-subcontract the D Corporation’s “D Corporation” to the contract amount of KRW 334,000,000 (excluding value-added tax) and the “E Corporation” to the contract amount of KRW 188,00,000 (excluding value-added tax) respectively (hereinafter “instant contract”).

[Judgment of the court below] The facts that there was no dispute over the basis for recognition, the entry of the evidence No. 3 in the evidence No. 1, the witness B's partial testimony, and the whole

2. On December 30, 201, the Plaintiff’s assertion entered into a contract with the Defendant for the First and Second Contracts, and completed both construction and additional construction in accordance with each of the above contracts.

However, at the time of the preparation of the contract Nos. 1 and 2, the Defendant agreed to enter into a contract by lending the business name of B, which has the business registration certificate of B, “C” on the ground that the Defendant should issue the tax invoice, and only prepared the contract Nos. 1 and 2 in the form of B, and the actual contractual party to the contract of this case is the Plaintiff.

Therefore, the Defendant is obligated to pay the Plaintiff the construction price of KRW 313,574,527 (22,908,767 for the remainder of the construction contract of the instant No. 1 and 2 + the additional remuneration of the instant contract of KRW 100,209,780 + the additional remuneration of the instant contract of KRW 190,45,980) and the delay damages.

3. Generally, who is the party to the contract is a matter of interpretation of the intent of the party involved in the contract.

The interpretation of an expression of intent shall be made by the parties.

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