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(영문) 의정부지방법원 2017.09.21 2015가단121034

양수금

Text

1. The Defendant: 10,00,000 won to Plaintiff A; 14,00,000 won to Plaintiff G; 6,800,000 won to Plaintiff C; and 3,840 won to Plaintiff D.

Reasons

Facts of recognition

In around 2012, local houses Co., Ltd. purchased from H I and three lots of land from H, and the defendant representative director J and Dong business decided to build four pent buildings on each of the above land.

In around 2013, the local house company and J agreed that the construction of the pention building (hereinafter “instant building”) which is an accommodation on each of the above lands shall commence and complete the structural construction. However, the local house, J and H agreed on July 23, 2013 that the J succeeded to the purchaser status of the local house, which is a corporation, and that the construction of the instant building shall be responsible.

Accordingly, around November 13, 2013, the Defendant entered into a contract with K to contract the construction of the instant building under construction with K (hereinafter “instant construction”) with the construction cost of KRW 244 million (hereinafter “instant contract”).

(1) On August 17, 2017, when the Defendant stated that the instant contract was entered into with K at the first date for pleading, the date for pleading, which was August 17, 2017, the date of closing argument, the Defendant asserted to reverse the Defendant’s conclusion of the instant contract. However, the Defendant prepared the instant contract under the name of Epis L branch, the representative of Epis L branch, which was on November 30, 2015, and stated that the name of Epis changed from Epis to K during August 2014, the Plaintiffs stated that the instant contract was entered into with the Defendant at the first date for pleading, and that the confession was established in court on the ground that there was no evidence to acknowledge that such confession was contrary to the truth and due to mistake. The Plaintiffs received a subcontract from K after the conclusion of the instant contract, and completed the subcontract, but the Defendant completed the subcontract with the Plaintiff 10 million won and the construction price for the Plaintiff 100 million won.