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(영문) 수원지방법원평택지원 2016.02.24 2015가단11958
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Both claims;

A. On January 1, 2015, the Plaintiff, the Defendant, the contractor for the said contract (hereinafter “instant contract”), is awarded KRW 53,707,50,00 for the construction cost of January 1, 2015, as the construction cost of KRW 21,648,00 for Pyeongtaek-si and six parcels, which is a lawful agent of the Defendant, for one month. As such, the Plaintiff shall be paid KRW 53,707,50 for the construction cost of January 1, 2015.

B. There is no power of representation on the conclusion of the instant contract to Defendant C.

2. First of all, as to whether the Defendant granted the right of representation to C to conclude the instant contract, the part in the name of the Defendant in the document No. 1 (Civil Works Contract) cannot be admitted as evidence because there is no evidence to acknowledge the authenticity. According to the statement No. 18, 21, 23, No. 2, No. 2, and No. 8-1 through No. 6, the Defendant completed the registration of ownership transfer of the Defendant’s name as to the land of Pyeongtaek-si and five (hereinafter “instant land”) on December 12, 2014. The Defendant, at the request of C, opened a bank passbook in his name and delivered it to E through the passbook No. 23, but the Defendant appears to have concluded the instant contract on the land of this case under the name of the title trustee, by considering the overall purport of pleading as to the statement No. 23, namely, the fact that the Defendant had no authority to complete the registration of ownership transfer as to the land of this case.

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