logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.07.08 2019나325696
공사대금
Text

1. The defendant's appeal is dismissed.

2. The appeal cost (including the cost of filing an application for the return of provisional payments) shall be borne by the Defendant.

Reasons

1. Summary of the parties' arguments;

A. On June 2016, the Plaintiff, upon receiving the Defendant’s instruction from the Defendant’s agent C, completed the construction work after being awarded a contract for the interior interior interior interior interior interior interior interior interior decoration of D building owned by the Defendant (hereinafter “instant construction”). As such, the Defendant is obligated to pay the instant construction cost to the Plaintiff.

B. The Plaintiff was merely awarded a subcontract for the literature and chronology work from F who was awarded a contract for interior interior decoration work from the Defendant’s limited liability company E (hereinafter “E”) with the representative director, and thus, the Defendant is not a contractor who is a party to the instant construction contract.

In addition, the construction of this case is merely an interior interior interior interior interior of the building, and there is no reason for the defendant, the owner, to promise the payment of the construction cost.

Since E still bears the obligation to pay the construction cost to F, there is no reason to avoid the risk of double payment and conclude the instant construction contract with the Plaintiff, and C did not have any authority to conclude the said contract.

Therefore, the defendant is not obligated to pay the construction cost of this case to the plaintiff.

2. Determination

A. Facts 1) The Defendant is the owner of the building at the window of Changwon-si, which constructed the building and completed the registration of ownership preservation on December 28, 2015. The Plaintiff is a person who executes various doors and glasss with the trade name of “G”. 2) Around the completion of the building, the Defendant was scheduled to occupy a child hospital on the third floor of the building at issue.

H, who actually operated F, contracted the interior interior interior interior decoration for the pertinent child hospital, and requested the Plaintiff to supply the documents related to the color and glass construction among them on February 2016.

3) H was detained in a separate criminal case during the process of the foregoing interior work. Accordingly, the progress of the foregoing interior work was suspended, and the literature and glass Corporation remains in a state where it was not completed. 4)

arrow