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(영문) 인천지방법원 2014.11.27 2013가단23319
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. Around September 2012, the Plaintiff entered into a construction contract with the Defendant with the content that the entire wall construction work of the Gunsan B hotel (hereinafter “instant construction work”) was contracted by setting the construction cost of KRW 165,00,000 and the construction period from October 2012 to February 2013.

B. The instant construction project was suspended on January 2013, and the Plaintiff’s progress payment was KRW 73,206,028, and the Defendant received part of the construction cost from the Defendant by receiving an electronic bill equivalent to KRW 45,100,000 from the issuance of the new World Co., Ltd., and the remaining construction cost was paid KRW 28,106,028 (payment for completed construction - KRW 73,206,028 - KRW 45,100,000). Thus, the Defendant is obligated to pay the Plaintiff the remaining construction cost and its delay payment.

2. The defendant's assertion

A. A. Around September 2012, the Defendant entered into a construction contract with C, the husband of the Plaintiff, setting the instant construction work as KRW 57,159,435, with the content that the construction cost shall be paid. Around September 2012, the Plaintiff, who is not a party to the said construction contract, may not

B. Home Affairs, even if the Plaintiff is a party to the instant construction contract, the payment for the completed portion is limited to KRW 26,363,790 at the time of the Plaintiff’s discontinuance of construction, and the Defendant paid KRW 10,000,000 to the Plaintiff as the construction price. The Defendant’s amount of damages caused by the Plaintiff’s discontinuance of construction, defects in construction, etc. is KRW 18,99,355, and there is no construction price payable

3. Determination

A. The identity of the party to the instant contract constitutes a matter of interpreting the intent of the party involved in the instant contract.

The interpretation of a declaration of intention clearly establishes the objective meaning that the parties have given to the act of indicating it, and in the event that any content of the contract is written between the parties to the contract, it shall not be written, but shall be written, regardless of the internal intent of the parties.

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