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(영문) 서울남부지방법원 2018.02.02 2016가단203715

구상금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 14,270,922 as well as 5% per annum from December 6, 2014 to February 2, 2018.

Reasons

1. Facts of recognition;

A. The status of the party is etc. 1) Nonparty D (hereinafter “D”).

(2) The instant factory shall be a factory of a size of 334 square meters per 334 square meters, located in Daegu-gun E (hereinafter referred to as the “instant factory”).

2) In the name of “F”, Defendant A is the actual business owner of “I” (representative J) who is awarded a contract for the construction of a household manufacturing factory (hereinafter referred to as “new construction of this case”) on the H of Daegu-gun, Daegu-gun, the land adjacent to the factory of this case, without registering the construction business under the Framework Act on the Construction Industry (hereinafter referred to as “G”) for the 65,175,000 won (including value-added tax).

3) Defendant B, without registering the construction business under the Framework Act on the Construction Industry, shall be deemed to be the parts of manufacturing and constructing steel in the instant new construction works from Defendant A (hereinafter “the instant steel frame”).

(4) Defendant B, through Nonparty M (hereinafter “M”), was the actual business owner of “K” (representative L) who subcontracted KRW 5,000,000, and was supplied with all steel materials related to the instant steel construction from Defendant A. At the time, Defendant B knew that it was a non-registered constructor of the instant steel construction. At the time, Defendant B employed three workers for day duty, such as Defendant C through Nonparty B (hereinafter “M”) in KRW 1,800,000 and carried out the instant steel construction from September 4, 2014 to May 5, 2014.

B. At around 14:50 on September 5, 2014, Defendant C, in the instant new construction site, performed steel-frame installation work that snick beamed and fixed on the site on which concrete was removed at the site of the instant new construction site, Defendant C: (a) snicked the upper sn beam diameter of 20 meters; (b) V equivalent to 60 meters in length; and (c) snicked the part protruding above the width with high pressure snicker.

In addition, around 15:02 on the same day, fire fighting occurred from the exterior wall of the building in the Northwest of the factory of this case, machinery, inventory, and strawing inside the factory of this case.