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(영문) 인천지방법원부천지원 2020.12.09 2020가단102633

공사대금

Text

1. Defendant C Co., Ltd.: KRW 30,610,500 to Plaintiff A, and KRW 20,000,000 to Plaintiff B Co., Ltd., and its corresponding amount.

Reasons

1. As to the claim against Defendant C Co., Ltd.

A. The description of the claim is as shown in the annexed sheet of claim.

(b) Articles 208(3)2 and 150(3) of the Civil Procedure Act of the judgment based on the recommendation of confession;

2. As to the claim against Defendant D, E, and F

A. Defendant D, E, and F (hereinafter “Defendant D, etc.”) is co-owner and owner of the above land, and Defendant C Co., Ltd. (hereinafter “stock company”) are co-owner of the above land, and Defendant C Co., Ltd. (hereinafter “Defendant C Co., Ltd.”) are the contractors of the above construction work, the Plaintiff A was awarded a subcontract for electricity, fire-fighting, and telecommunications construction from Defendant C, and the Plaintiff Co., Ltd. was awarded a subcontract for the construction work.

Defendant D, etc., on August 19, 2019, agreed with Defendant C as follows (hereinafter “instant agreement”). Of the following contents, Defendant D, etc., made an agreement with Defendant C, and Defendant C, etc., on the ground that this constitutes the concurrently binding obligation, and Defendant D, etc., should jointly pay the construction cost that the Plaintiffs did not receive from Defendant C to Defendant C.

B. The assumption of an existing obligation, which is concluded by a contract between a debtor and an underwriter, can be deemed as one of the contracts for third parties by having a creditor acquire a new right against an underwriter. In comparison, the acceptance of performance agrees to exempt an underwriter from liability by means of repayment, etc. under a contract between the debtor and an underwriter. As such, the underwriter is merely liable for the obligor’s exemption from liability, and the obligee does not directly cause the obligee to acquire a claim against an underwriter. Thus, the criteria for determining the contract for a third party and the acceptance of performance are not to have a third party acquire a claim directly against the contracting party or an underwriter.