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(영문) 제주지방법원 2021.01.18 2019가단67755

공사대금

Text

1. The Plaintiff:

A. Defendant B and C jointly share KRW 65,700,000 and each of them shall be from September 16, 2020 to the date of full payment.

Reasons

Facts of recognition

On June 2018, the Plaintiff was awarded a contract for remodeling construction of the building E on the ground by Defendant B and C (hereinafter “instant construction”). On June 2018, the Plaintiff was awarded a contract for construction of the new structure of the Franpo City F (hereinafter “instant construction”) from Defendant D Co., Ltd. (hereinafter “Defendant Company”). The Plaintiff and the Defendants concluded a contract for each of the said construction works verbally, not for the construction work, but for the settlement of the construction cost based on actual cost.

Defendant B signed each of the following on the settlement of accounts: (a) the construction cost of the instant construction project was KRW 198,038,000; (b) the construction cost of the instant construction project was not paid KRW 65,700,000 among them; and (c) the settlement of accounts stating that the construction cost of the instant construction project was KRW 264,097,50,000 among them was not paid KRW 88,40,000 among them, and delivered it to the Plaintiff.

Each of the above settlement of accounts is accompanied by a name stating Defendant B as the representative of the Defendant Company.

On the other hand, on December 23, 2016, Defendant C assumed office as a representative director, and Defendant B assumed office as a director on May 29, 2017.

[Based on recognition, the Plaintiff did not pay part of the construction cost of the Defendant B, C, and the Defendant Company 2, even though the Plaintiff received a contract for the instant 1 and 2 construction, and completed the construction work, as a whole, under subparagraphs 1 through 4, and 4, and the overall purport of the argument.

Therefore, the Defendants seek the payment of the construction cost for each of the relevant construction works.

Judgment

In light of the following facts and circumstances, it is reasonable to recognize that the construction cost that Defendant B and C did not pay in relation to the instant 1 construction work is KRW 65,700,000 and the construction cost that the Defendant Company did not pay in relation to the 2 construction work is KRW 88,40,000,000 in total or in light of the overall purport of the evidence presented above.

In this case.