공사대금
1. Defendant C shall pay to the Plaintiff KRW 47,006,910 as well as 12% per annum from January 31, 2020 to the date of full payment.
1. Facts of recognition;
A. The Plaintiff is engaged in a building business with the trade name of “D”, and Defendant B is registered with the trade name of “E”, and Defendant C is operated as the father of Defendant B.
B. On July 14, 2014, the Plaintiff entered into an agreement with Defendant C on the re-subcontracted from Defendant C (hereinafter “instant agreement”) with the content that the Plaintiff re-subcontracted from Defendant C, a contractor for the construction of five-party F-based lending (hereinafter “instant lending”) from the G Co., Ltd. (hereinafter “G”), the contractor for the construction of the instant lending (hereinafter “instant lending”).
The ordering person of the instant contract refers to the “E Representative C” and the official seal of E is affixed thereto.
C. On October 2014, the Plaintiff completed the instant construction work, and on October 23, 2014, with Defendant C, drafted a confirmation document stating that “The amount of KRW 30,000,000 out of the total construction amount of KRW 190,40,000,000 in cash was paid during the construction work, and the sales unit price of KRW 135,40,000 for each household shall be treated as substitute, and the sales unit price shall be FH A. The balance shall be paid KRW 25,00,000 on November 30, 2014” (hereinafter “instant confirmation document”).
The ordering person column of the instant confirmation is indicated as “E Company C”.
On January 14, 2015, the registration of ownership transfer was completed in the future of the I Co., Ltd. (hereinafter “I”), the principal business entity of the I (hereinafter “I”), with respect to the loan of this case that the Plaintiff was paid as a substitute, and the registration of ownership transfer was completed on February 10, 2015.
However, with regard to the loan No. Ha of this case, the establishment registration of a mortgage, which is the debtor I, and the JBC, was completed jointly with other four households of the loan of this case, with the maximum debt amount of KRW 390 million.
E. On January 16, 2017, the Plaintiff and Defendant C with respect to the registration of the establishment of the above neighboring facilities.