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(영문) 대구지방법원 2020.02.27 2019가단18201

양수금

Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 135,57,00 and Defendant B with respect thereto from October 8, 2019 to Defendant C, and.

Reasons

1. Facts of recognition;

A. The Defendants are building owners to construct G apartment units, a primary complex building, on the F ground of Daegu-dong-gu, Daegu-gu.

B. The Defendants awarded a contract to H for the construction of the said G apartment.

C. On September 2, 2016, H Co., Ltd., a contractor, subcontracted 611,908,000 won (including additional taxes) of the cost of the construction of the new construction to I Co., Ltd. (hereinafter “Contractor I”).

The subcontractor I, Inc., the contractor H and C.

In concluding a subcontract as in the same paragraph, the Defendants, a joint owner (joint owner) of G apartment, agreed to directly pay the construction cost to be received by the subcontractor I (hereinafter “instant direct payment agreement for construction cost”).

E. The subcontractor I completed the contracted construction work by March 25, 2017, the fixed construction period.

(f) subcontractor I had some additional construction works other than the original construction work, and if included, the total construction cost to be received by subcontractor I was KRW 620,557,000 (including value added tax on the original construction work).

G. Before September 29, 2017, subcontractor I received KRW 485,00,000 out of the amount, and the amount of the construction work not paid was KRW 135,557,000.

H. Around September 20, 2019, subcontractor I transferred to the Plaintiff all of the remainder of the construction cost claims against the Defendants, and notified the Defendants of the assignment of the said claim.

[Ground of recognition] Defendant B and Defendant E: A confession made pursuant to Article 150(1) and the main sentence of Article 150(3) of the Civil Procedure Act

I. Regarding Defendant C and Defendant D: Each entry in the evidence Nos. 1 to 8 (number omitted) and the purport of the whole pleadings.

2. The assertion by Defendant C and Defendant D and the determination thereof

A. Defendant C and Defendant D’s assertion 1) Defendant C and Defendant D withdraw from the partnership relationship on or around July 31, 2017, and other partners (Defendant B and Defendant E receive 6 billion won as shares and share in land and buildings.