공사대금
1. The Plaintiff (Counterclaim Defendant)’s main claim against the Defendant (Counterclaim Plaintiff) and the Defendant, and the Defendant (Counterclaim Plaintiff)’s counterclaim.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On June 2016, the Plaintiff started the electrical construction of 12 bonds and 12 bonds among the new construction works of D’s house located in Seoyang-si (hereinafter “instant construction”) and completed the electrical construction of 9 bonds among the patrolmen on August 2016.
B. The Plaintiff suspended construction work on September 2, 2016, while leaving only the container, location, and measuring instruments installed, after completing the work for entering the remaining three debt houses and management Dongs.
C. On September 7, 2016, the Plaintiff received construction cost of KRW 25 million from Defendant B, but did not complete the completion work, including attachment of the contact.
On the other hand, on August 4, 2016, Defendant C sold the said new construction site to Defendant B, and on August 8, 2016, the registration of ownership transfer was completed in Defendant B’s name.
[Ground of recognition] Each description of Gap evidence Nos. 5, 7, 8 (including paper numbers), Eul evidence Nos. 2 and 3 (including each number), and the purport of the whole pleadings
2. As to the main claim
A. The Plaintiff asserted that he was awarded a contract for the instant construction from Defendant C, and Defendant B assumed the Defendant C’s obligation to pay the construction price to the Plaintiff.
The Defendants are jointly and severally liable to pay the unpaid construction cost of KRW 41 million (=66 million - 25 million).
B. Determination Gap evidence No. 2 (subcontract) cannot be admitted as evidence, as there is no evidence to acknowledge the authenticity of Defendant C’s content.
It is not sufficient to acknowledge that the Plaintiff had been awarded a contract for the instant construction work from Defendant C solely with the statement of No. 1, and there is no other evidence to acknowledge it.
(A) The Plaintiff did not conclude the construction contract with the Plaintiff and the Defendant B sold the land for new housing construction work to the Plaintiff). Moreover, there is no evidence to acknowledge that Defendant B had taken over the obligation for construction work against the Plaintiff by Defendant C.
Defendant B is against Defendant C’s Plaintiff in the preparatory document dated February 3, 2017.