양수금
1. The plaintiff's claim that is changed in exchange from the trial to the defendants is all dismissed.
2. Appeal;
1. The court's explanation on this part of the basic facts is the same as the reasoning of the judgment of the court of first instance, and this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The assertion and judgment
A. The Defendants alleged by the Plaintiff agreed to pay the instant construction cost directly to the Plaintiff several times as follows, and thus, they are obligated to pay the amount equivalent to the instant construction cost in accordance with the agreement.
(1) The Plaintiff did not perform the instant construction work because it was a novel that the non-party company would be insolvent. However, the head of the field office of the non-party company called “the Defendants, the owner of which,” and the Defendant C did not know about the construction cost. As such, the Defendants promised a direct payment of the construction cost of this case at that time.
Then, the circumstances where the Defendants directly deposited the amount of money according to the instant construction in the passbook used by the Plaintiff are also supported.
(2) Defendant C prepared and executed the instant confirmation form on behalf of the Defendants, and the purport of the instant confirmation form is that the Defendants intended to directly pay the instant construction cost to the Plaintiff, or that the Plaintiff promised to directly pay to the Plaintiff upon obtaining the consent of the Nonparty Company regarding direct payment.
(3) On January 2013, Defendant C, the representative of the Defendants, promised to the Plaintiff that the Plaintiff would directly pay the construction cost upon obtaining the written consent on direct payment from the Nonindicted Company. At that time, the Plaintiff received a written confirmation from the Nonindicted Company that “the Defendant confirmed the direct payment.”
B. The instant confirmation document, which is a disposal document between the Plaintiff and the Defendants, provides that the Defendant shall pay the construction cost to the non-party company, the contractor, for the substitute real estate, before resolving the subcontract construction cost to be paid to the Plaintiff, the subcontractor’s representative.