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(영문) 서울고등법원 2015.07.07 2014나49717
공사대금
Text

1. The part of the judgment of the court of first instance against the defendant (appointed party) and the appointed party shall be revoked, and the revoked part shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff, under the trade name of “C”, is a joint businessman of “D”, who engages in interior works. The Defendant (appointed parties; hereinafter “Defendant”) and the designated parties indicated in the separate sheet of the designated parties are joint businessmen of “D” who operate the age club, etc.

B. On March 22, 2013, the Plaintiff: (a) concluded a contract for the interior works (hereinafter “instant construction works”) of a mutual “G club” in Suwon-gu F (hereinafter “instant club”); (b) KRW 800,000,000 ( separate from value-added tax of KRW 40,000); and (c) from March 27, 2013 to May 29, 2013, the period of which was determined as from March 27, 2013 to May 29, 2013; and (b) Party E signed and sealed the instant club’s representative director.

(However, the instant club is not a legal entity).

The Plaintiff completed the instant construction work on May 29, 2013, which was the time limit for the agreement, at the request of the Defendant and the designated parties (hereinafter referred to as the “Defendant side”) for convenience of turning on the Defendant and the designated parties.

After the completion of the instant construction project, the Plaintiff demanded the Defendant to pay the additional construction cost by asserting that “the construction was conducted in addition to the scope set forth in the agreement, and the cost was incurred in completing the construction work prior to the agreed period.” On August 9, 2013, the Plaintiff agreed to set the designated parties E and the additional construction cost at KRW 55,000,000 (hereinafter “instant additional construction cost agreement”).

[Grounds for recognition] Evidence Nos. 1 to 3, and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, E concluded a contract with the Plaintiff on behalf of the Defendant in a partnership relationship with the Plaintiff and the remaining designated parties, and entered into an agreement on the instant additional construction cost. Meanwhile, the Plaintiff’s claim against the Defendant for construction payment up to August 7, 2013, totaling KRW 689,200,000, which was before the instant lawsuit was filed, shall be the instant lawsuit.

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