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(영문) 창원지방법원 마산지원 2021.01.13 2018가단103344
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On November 13, 2015, the Plaintiff: (a) received a contract from the Defendant for construction works among the new construction works of private-city C 36 households on a KRW 220 million from the Defendant; and (b) drafted a contract for construction works with the same content (Evidence A 1).

In addition, on April 4, 2016, the Plaintiff received an additional contract for the construction cost of KRW 15 million from the Defendant, and the construction cost of KRW 10 million on September 27, 2016.

Although the Plaintiff completed all of the contracted installation works as above, the Defendant only paid the construction cost of KRW 100 million to the Plaintiff.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of the construction cost of KRW 145 million (=20 million KRW 15 million - KRW 10 million for the construction cost already paid - the construction cost of KRW 100 million) and the damages for delay stated in the purport of the claim.

2) Even if the Defendant did not contract the above facility works to the Plaintiff, the Defendant is liable for the nominal lender, as the Defendant permitted D to conduct a business using the Defendant’s name.

B. The Defendant’s assertion 1) The above contract for construction work under the name of the Defendant (Evidence A No. 1) was made at will without the Defendant’s delegation. Thus, the Plaintiff’s assertion that the contract for construction work under the name of the Defendant was not concluded.

2) The Plaintiff’s recipient of the construction contract is not the Plaintiff but E.

2. The following facts can be acknowledged in full view of the evidence Nos. 2, 4, 6, 7, 10, and 11 (including a number) of Gap, Eul evidence Nos. 1 through 6, Eul evidence Nos. 9, witness D, E, and F's testimony, evidence No. 1 (the evidence No. 1 of this Court is not recognized as authentic as the subsequent evidence), the existence and shape of Gap evidence No. 1 (the evidence No. 1 of this Court is not established) as the premise for judgment, and the whole purport of the arguments as a result of the inquiry of facts into the private market of this Court:

A. D On August 26, 2015, for the purpose of conducting a new construction and sale business of multi-family housing, D shall not be less than 3,500 square meters (hereinafter “Before subdivision”).

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