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(영문) 수원지방법원 2015.01.29 2014가단11525

공사대금

Text

1.(a)

Defendant C’s 1,00,000 won to Plaintiff (Appointed Party) A, 7,000,000 won to Selection D, and 8,000 won to Selection E.

Reasons

1. Determination as to the claim for construction price of a building No. 1

A. Facts of recognition 1) Defendant C is a multi-family house located in Suwon-gu, Suwon-gu, Suwon-si, the owner of which is the non-party H (hereinafter “the first building”).

) 신축공사를 도급받아, 그 중 철근공사를 원고(선정당사자) A에게 공사대금 21,000,000원에, 내장목공사를 선정자 D에게 공사대금 10,000,000원에, 설비공사를 선정자 E에게 공사대금 19,000,000원에, 페인트공사를 선정자 F에게 공사대금 3,000,000원에, 샷시공사를 선정자 G에게 공사대금 52,000,000원에 각 하도급주었다. 2) 위 하도급대금 중 원고(선정당사자) A는 1,000,000원을, 선정자 D는 7,000,000원을, 선정자 E은 8,000,000원을, 선정자 F은 3,000,000원을, 선정자 G는 19,000,000원을 각 지급받지 못하였다.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 and 3 (including provisional number), the purport of the whole pleadings

B. According to the above facts of determination as to the cause of the claim, Defendant C is obligated to pay to the Plaintiff (Appointed Party) 1,00,000 won, 7,000,000 won to the Selection, 3,000,000 won to the Selection E, 3,000,000 won to the Selection, 19,000,000 won to the Selection G, and 19,000,000 won to the Selection, and 20% interest rate per annum from June 11, 2014 to the day of full payment as requested by the Plaintiff, which is obvious from the record that the delivery date of the copy of the complaint of this case is the day after the last delivery of the complaint of this case to the day of full payment. 2) The Plaintiff’s determination as to the claim against Defendant B is jointly and severally liable to pay the construction price to the Plaintiff with Defendant C.

However, there is not only a lack of evidence to prove that Defendant B received a contract for the construction of the building No. 1 with Defendant C, but also the contract for the construction of the building No. 1, unlike the building No. 2, Defendant B does not sign and seal it.