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(영문) 수원지방법원 2015.06.11 2014나26481

공사대금 등

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On June 2012, H concluded a contract on the interior and external removal works of J located in N at the time of luminous (hereinafter “instant construction works”) with K operating the removal company with the trade name of “M”. The said contract was agreed to receive the payment of the construction cost from the national bank account (Account Number L; hereinafter “instant account”).

B. For the instant construction work, H entered into a lease agreement with the Plaintiffs on each of the construction During the construction period owned by the Plaintiffs, and entered into each of the instant construction contracts (hereinafter “each of the instant contracts”). The construction cost under each of the instant contracts (including a rent during the construction period; hereinafter the same shall apply) was settled on a daily basis.

Plaintiff

According to the construction cost unpaid A on August 13, 2012 - 2,700 B on August 16, 2012, 2012 - June 18, 2012, the Plaintiff’s respective claim for construction work amount from August 16, 2012 to August 16, 2012 - No. 36, Aug. 6, 2012 - C on August 6, 2012 - the Plaintiff’s respective claim for construction work amount from August 6, 2010 to August 6, 2012 - the Plaintiff’s remaining construction cost amount from August 16, 2016, 80, 200D on August 13, 2012 - the Plaintiff’s respective claim for construction work amount from August 16, 2012 to August 20, 2012 - the Plaintiff’s remaining construction period from August 16, 2012

August 16, 2012 - 1,150,000 August 17, 2012

C. Pursuant to each of the instant contracts, the Plaintiffs leased H with each of the following specifications during the respective construction periods and carried out subcontracted construction works at the same time. Accordingly, each of the respective construction costs is as listed below.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 8 (including each number), the purport of the whole pleadings

2. The parties’ assertion.