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(영문) 울산지방법원 2016.06.29 2015가합22515
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff between the parties to the basic facts is a person who conducts a new manufacturing business with the trade name of C, and the defendant is a person who conducts a construction business.

D was the Defendant’s representative director from January 9, 2012 to June 17, 2013, and the Defendant’s trade name from January 2012 to June 2013 was “stock company E”.

On August 17, 2012, the Plaintiff and D entered into the instant construction contract with the following construction contract (hereinafter “instant construction contract”) upon entering into a contract on the studio-ho and miscellaneous construction work (hereinafter “instant construction contract”) which is part of the Nam-gu, Ulsan-gu, Seoul, and H Studio New Construction Work (hereinafter “instant construction work”).

Standard Subcontract Agreement for Construction Works

1. Project owner: The name of D prime contract: Four parcels outside the F of Ulsan-gu, Ulsan-gu, and G, and H studio-built construction works;

2. Name of the subcontracted project: Parcel of land, G, H studio-heading, and miscellaneous construction works outside the Republic of Korea in Ulsan-gu.

3. Place of construction: Four parcels, G, and H outside the Republic of Korea, Nam-gu, Ulsan-gu.

4. Period of construction: March 23, 2012 to September 20, 2012.

5. Contract amount: I 40,179,80 won, F 43,023,700 won, J 43,023,700 won, K 43,023,00 won, L 43,023,700 won, G 49,074,900 won, and H 34,538,200 won, addition of room room and alteration 14,830,000 won, M 3,230,000 won;

6. Payment of the price;

A. Name of the principal contractor: Name of the representative subcontractor D: The name of the representative director C: The representative director of A 【No dispute exists; evidence No. 1, and evidence No. 2-1 and No. 2-3; and the purport of all entries and arguments in the judgment of the parties to the instant construction contract is that D entered into the status of the representative director in the status of the defendant.

Therefore, the parties to the instant construction contract are the Plaintiff and the Defendant, and as the Plaintiff completed the instant construction work, the Defendant is obligated to pay the construction cost to the Plaintiff.

The defendant's construction contract of this case was concluded not as the representative director as the defendant's representative director but as an individual.

Therefore, it is true.

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