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(영문) 대구지방법원 2020.10.16 2020가단101956

공사대금

Text

The Defendants jointly share KRW 72,161,400 with respect to the Plaintiff and KRW 6% per annum from July 1, 2019 to January 28, 2020.

Reasons

1. The part of the Plaintiff’s claim against Defendant C and D

(a) Indication of claims: To be as shown in the reasons for the claims;

(limited to the part against Defendant C and D)

(b) Judgment on deeming confessions: Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act;

2. The part concerning the plaintiff's claim against the defendant B

A. Basic facts 1) The Plaintiff entered into a construction contract with the Defendant C on April 17, 2019; the G and H (hereinafter “instant land”) on the ground of which the completion date of the completion date of the construction project of the I Factory Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building

On April 17, 2019, the Plaintiff entered into a construction contract with J to determine the completion date of the instant construction works for K factories and office boards on each of the instant land as the cost of completion of the relevant construction works for the K factories and office boards on each of the instant land on June 30, 2019 and as the cost of construction 4,1250,000 won (temporary payment upon completion of the construction works) and

3) The Plaintiff completed each of the instant construction works on June 30, 2019, the Plaintiff paid KRW 17,571,400 as to K factories and office board construction works among the instant construction works, and the said additional construction cost was to be paid at the time of completion (hereinafter referred to as “the construction work in combination with each of the instant construction works under paragraph (2)”). (5) The Plaintiff completed each of the instant construction works on June 30, 2019. (5) The Plaintiff received KRW 30 million out of the total construction cost of each of the instant construction works.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

B. The following facts or circumstances, which can be seen by comprehensively taking account of each of the facts acknowledged in the above paragraph (a) and each of the evidence, lack of dispute, and evidence in Gap evidence Nos. 6, 7, 8, 11, and 22, that the defendant B told the plaintiff on October 14, 2019 that the plaintiff would be entitled to notarized the plaintiff's obligations to the plaintiff, and that the defendant B would have been specifically involved in the construction process at each of the construction sites of this case, and the defendant B appears to have participated in the construction process of this case.