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(영문) 광주지방법원 2016.11.11 2016가단3060

공사대금

Text

1. Defendant C Co., Ltd.: KRW 172,400,000 and 5% per annum from January 9, 2016 to November 11, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company running the solar power plant installation business.

B. On January 16, 2015, the Plaintiff entered into a contract with Defendant C (hereinafter “Defendant C”) for each installation work of “E-solar power plants” (hereinafter “instant First Power Power plants”) located in Yong-Nam-gun, and of “H solar power plants” located in Yong-Nam Nam-gun, and “H solar power plants” located in G (hereinafter “instant Second Power Plants”) with the construction period from January 16, 2015 to February 14, 2015; and the construction cost of KRW 202,40,000 in total (i.e., KRW 101,200,000) (hereinafter “instant construction contract”).

C. On February 14, 2015, the Plaintiff completed all the instant First and Second Power Plants in accordance with each of the instant construction contracts. D.

Defendant C paid only KRW 30,000,000, out of the total construction cost of KRW 202,400,000 to the Plaintiff.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 3, and 9 (including paper numbers), and the purport of the whole pleading

2. The Plaintiff’s assertion concluded each of the instant construction contracts with Defendant C. However, Defendant C is merely in the form of a legal entity, and practically, is merely an individual enterprise of Defendant C and Defendant B, and is in combination to the extent that it is difficult to divide the property between Defendant C and the Defendant B. Nonparty C, a fraudulent act by Defendant B, is a corporate form, such as the execution of construction works upon delegation of the authority regarding the overall construction works of the First and Second Power Plants from Defendant B. Thus, Defendant C as well as Defendant C, a person behind it, is obligated to pay the unpaid construction cost in accordance with each of the instant construction contracts.

In addition, Defendant B promised to make the name of each of the instant construction contracts to Defendant C, and to pay the full amount of all the responsibilities and construction cost under the contract.

Therefore, the Defendants jointly pay the Plaintiff the construction cost of KRW 172,400,000 =