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(영문) 의정부지방법원 2021.02.04 2020나206428
공사대금
Text

All appeals by the defendants are dismissed.

The costs of appeal shall be borne by the Defendants.

The purport of the claim and the appeal.

Reasons

1. Facts of recognition;

A. The Defendants are co-owners of buildings “E” (hereinafter “instant building”) newly constructed in Yeonsu-gu Incheon Metropolitan City D, and the Plaintiff is a corporation that conducts construction business.

B. F was a site manager who overallly managed the construction site of the instant building.

(c)

On November 6, 2018, the Plaintiff concluded a construction contract with F and verbal with F and E.C. (hereinafter “instant construction contract”) with F and E.C. for the construction work of the instant building, the construction cost of which is KRW 38,300,000 (excluding value added tax).

(d)

The Plaintiff completed the instant construction work on December 2, 2018, and received a total of KRW 33,000,000 from the Defendant’s side to pay KRW 5,300,000, and did not receive KRW 1,360,000 out of value added taxes.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, 5, 7, Eul evidence Nos. 2 and 3 (including various numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties’ assertion 1) The Plaintiff concluded a contract for the instant construction work with the Defendants through F of the site complaint filed by the Defendants on behalf of the Defendants, and completed the construction. As such, the Defendants are obliged to pay to the Plaintiff the construction cost and the unpaid value added 6,60,000 won and delayed damages.

2) The Defendants are F, not the Defendants, merely entered into a contract for the construction of the instant building with F, and did not conclude a contract for the construction of the instant building with the Plaintiff and F, and there was no fact that the Defendants delegated the authority to conclude the contract with the Plaintiff on behalf of the Defendants. Therefore, the parties to the instant contract for construction are not

Therefore, the Plaintiff cannot claim the construction cost against the Defendants.

B. The following circumstances, i.e., the evidence mentioned above, Gap evidence Nos. 4, 7, and 10, and Eul evidence Nos. 2 and the purport of the whole arguments.

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