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(영문) 인천지방법원 2015.07.24 2013가합19621

공사대금

Text

1. The Defendants jointly and severally against the Plaintiff (Appointed Party), KRW 28,075,850, and KRW 8,750,000, and Plaintiff B.

Reasons

1. Facts of recognition;

A. Defendant C is the owner of the multi-family house newly built on the F ground of the Incheon po-gun, and Defendant D is the person who received a contract from Defendant C for the construction of the above multi-family house (hereinafter “instant construction”).

B. The Plaintiff (Appointed Party, hereinafter “Plaintiff”) was awarded a contract for the instant construction from Defendant D, and the Plaintiff first disbursed the expenses incurred in the instant construction and subsequently agreed to pay the said expenses to Defendant D to the Plaintiff, and Defendant C guaranteed the payment of the said expenses by Defendant D.

Accordingly, from July 9, 2012, Plaintiff A received a total of KRW 126,206,032 (i.e., July 16, 2012; KRW 16,156,366; KRW 21,354,719; KRW 32,430,689, Oct. 8, 2012; KRW 798,864; KRW 13,075,394; KRW 34,390,00,00 among the instant construction works; KRW 38,90,30,000; KRW 388,306,300; KRW 306,300; KRW 87,300; KRW 306,306; KRW 20386,306; KRW 2086,37,200; and had not been paid by Defendant D until now.

C. In accordance with Defendant D’s instruction, the Appointor E leased the necessary food collection to the instant construction, and Defendant C guaranteed Defendant D’s payment of the above rent.

Accordingly, the Selection E lent a marry at the construction site of this case, and caused rent of KRW 12,750,000. The Defendants received KRW 4,00,000 from the Defendants through the Plaintiff, and up to now the remainder of KRW 8,750,00 (= KRW 12,750,000 - KRW 4,000).

Plaintiff

B as a contractor of the instant construction project, the part of the instant construction project was awarded by Defendant D, and Defendant C guaranteed the payment of the said subcontract price by Defendant D.

Accordingly, from October 2012, Plaintiff B supplied and constructed all other materials equivalent to KRW 12,00,000 (excluding value-added tax) at the construction site of this case from October 2012, and received 3,000,000 from the Defendants.