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(영문) 제주지방법원 2016.07.21 2016가합284

양수금

Text

Defendant (Appointed Party) and Appointed Party B jointly and severally against the Plaintiff KRW 157,400,00 and the Plaintiff from December 4, 2012.

Reasons

Facts of recognition

A. On April 23, 2012, the Plaintiff filed a lawsuit against the farming association corporation C (hereinafter “C”) seeking payment of the acquisition amount, and was sentenced to a favorable judgment on November 15, 2012 (hereinafter “related case judgment”), and the said judgment became final and conclusive on December 4, 2012, and the facts acknowledged in the said judgment are as follows.

① On December 17, 2008, C With respect to the construction of a building (hereinafter “instant construction”) to the mailing construction company (hereinafter “mailed construction”) and D, E, F, and G (hereinafter “each of the instant lands”) at Seopoposiposisisi (hereinafter “instant each land”) (hereinafter “instant construction”), the contractor shall: (a) the Defendant (Appointed; hereinafter “Defendant”); (b) the contractor shall: (c) the mailing construction; (d) the contractor shall mailed construction; (e) the construction cost; (e) the construction cost; and (e) the construction period from January 15, 2009 to January 15, 2009.

4. A contract for construction works with the end of 15 (hereinafter “instant contract for construction works”) was concluded.

② On February 7, 2009, with the name of a subcontractor as a comprehensive empty Construction Co., Ltd. (hereinafter referred to as “comprehensive empty Construction”), the construction price for the steel-frame part of the instant construction works between the Plaintiff and the instant construction works shall be KRW 147,00,000 (Electric Construction 110,000,000, Telecommunications Corporation 37,000,000), and the construction period shall be from April 30, 2009 to the same year.

5. A contract was entered into with the content of subcontracting up to 30.30 (hereinafter “instant subcontract”).

③ At C’s request, the Plaintiff made an additional construction work, and accordingly, the construction work amount of KRW 160,400,000 increased to KRW 13,400,000.

④ On June 29, 2009, C, upon delay in completion of the instant building due to additional construction works, drafted a written confirmation that he/she will not be held responsible for the construction of the instant construction project, i.e., delayed completion due to the changes in the design of the instant construction project and administrative issues.

C on February 16, 2010