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(영문) 서울중앙지방법원 2015.05.20 2014가합541575
공사대금
Text

1. The Defendant’s KRW 21,600,000 as well as annual 6% from September 6, 2012 to November 6, 2013 to the Plaintiff.

Reasons

1. Basic facts

A. On February 20, 2012, the Plaintiff was awarded a contract by setting the construction period from February 20, 2012 to June 30, 2012, for the construction of a neighborhood living facility (hereinafter “instant building”) in Seoul Special Metropolitan City, Nowon-gu’s ground to KRW 387,200,000 for the construction cost, from February 20, 201 to June 30, 2012

(hereinafter “instant construction contract”). B.

Upon entering into the instant construction contract, the Plaintiff and the Defendant agreed to construct the instant building in the same manner as the instant building and E-ground buildings (hereinafter collectively referred to as “base building”) located in Seoul Special Metropolitan City, Nowon-gu, which had been built near the said construction site.

C. In order to guarantee the instant construction contract, on February 15, 2012, the Plaintiff and the Defendant drafted an authentic deed of promissory notes worth KRW 150,000,000 on the issuer F (the Plaintiff’s mother), issuer’s agent as well as Plaintiff, payee G (the Defendant’s mother and the person actually engaged in the instant construction contract), and bill amounting to KRW 150,000.

On September 5, 2012, the Defendant undergone a completion inspection on the instant building, and completed registration of preservation of ownership on October 15, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 13, 14, Eul evidence 5 through 7, and Eul evidence 9 (which include each number, hereinafter the same shall apply) and the purport of the whole pleadings and arguments

2. Confirmation of parties to a contract;

A. The defendant asserts that the party to the instant construction contract is the contractor and the subcontractor, and the plaintiff is merely the guarantor and the supervisor of the contractor, and is not the party to the instant contract.

B. The Defendant’s mother, the contractor’s H, the contractor’s guarantor, and the contractor’s guarantor and the contractor’s supervisor are indicated as the Plaintiff, as alleged by the Defendant, but the person who actually constructed the instant building.

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