(영문) 부산지방법원서부지원 2020.08.18 2018가단11938

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(영문) 부산지방법원서부지원 2020.08.18 2018가단11938

공사대금

Text

The defendant's KRW 50,000,000 and its interest to the plaintiff are 15% per annum from November 2, 2018 to May 31, 2019.

Reasons

1. Basic facts

A. On May 11, 2017, the Defendant: (a) prepared and issued a construction contract stating that the construction cost of KRW 240 million for the new construction of electric power resource C at the time of grace and the construction period shall be from May 11, 2017 to July 30, 2017; (b) the advance payment of KRW 50 million shall be paid until June 20, 2017; and (c) the remainder shall be paid after completion of construction (hereinafter “instant construction contract”).

B. Although the Plaintiff partially performed the instant construction, it did not receive advance payment of KRW 50 million until June 20, 2017, the instant construction was suspended.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, result of commission of document forwarding to the original district court of this court, purport of whole pleadings

2. The assertion and judgment

A. 1) The Defendant, who is the contractor of the instant construction project, is obligated to pay the Plaintiff the advance payment of KRW 50 million under the instant construction contract. 2) The Defendant asserted that the Defendant was not the party to the instant construction contract, but merely lent the name in relation to the instant construction contract to D, and the Plaintiff was also aware of this. Therefore, the Defendant did not have a duty to pay the Plaintiff the advance payment of KRW 50 million under the instant construction contract.

B. As to who is the principal of the contract where the actor, who is a principal of the contract, committed a juristic act in the name of another person, is the principal of the contract, the principal of the contract shall be determined with the consent of the actor and the other party. In a case where the intent of the actor and the other party are in accord, the principal of the contract shall be determined with the consent of the other party. If the other party is reasonable, based on the specific circumstances before and after the conclusion of the contract, such as the nature of the contract, the purpose of the contract, the circumstances leading to the conclusion

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