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(영문) 서울중앙지방법원 2016.07.22 2015가단80377

공사대금

Text

1. The Defendant: (a) from August 22, 2015, to Plaintiff A with respect to KRW 26,955,500; and (b) from August 22, 2015 to Plaintiff B with respect to KRW 39,60,000.

Reasons

1. The parties' assertion

A. The plaintiffs' assertion that the defendant contracted the interior construction of the G convenience store from the F, and that the defendant ordered the plaintiff A, B, C, and D to subcontract each interior construction to the plaintiff A, C, and D through the non-party H, who is the defendant's employee, so the defendant is obligated to pay the plaintiff A, B, C, and D the unpaid construction cost according to each settlement statement prepared by H in the name of the defendant, and the plaintiff E is obligated to pay the profits of H according to an agreement between the defendant and H.

B. The defendant's assertion that the defendant did not issue a subcontract order to the plaintiff A, B, C, and D, and H arbitrarily prepared a statement of settlement under the name of the defendant without the defendant's permission, and since the plaintiff A, B, C, and D did not complete the construction under the settlement statement, the plaintiff A, C, and D did not have a duty to pay each construction price to the plaintiff A, B, C, and D.

2. Facts of recognition;

A. As between H on March 26, 2014, if the Defendant orders F to take the test for G convenience points, 5% of the total construction cost paid from F, excluding value-added tax, shall be deemed to have been owned by the Defendant, and the remainder 95% of the total construction cost paid from H, by entering into a subcontract for construction in the name of the Defendant within the scope of 95% upon receiving the distribution of H and entering into a subcontract for construction in the name of the Defendant, and the remainder excluding the construction cost paid to H, was agreed to be the Defendant’s profit. Accordingly, H worked as the Defendant’s employee from April 1, 2014 to March 10, 2015.

B. The Defendant, through H, ordered the Plaintiff A, who operates metal construction business with the trade name of “I” and “J” during the interior construction, to the Plaintiff B, who operates a wood industry with the trade name of “K” and “K” during the interior construction and to the Plaintiff C, who operates the wood industry with the trade name of “L”, during the interior construction, subcontracted the removal construction during the interior construction to the Plaintiff D.

C. H submitted a written estimate in the name of the Defendant to the Defendant F as the Defendant’s employee, and the said company.