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(영문) 서울중앙지방법원 2019.07.12 2018가합579356

공사대금

Text

1. The Defendants are jointly and severally liable to the Plaintiff A, and KRW 35,368,071, and Plaintiff B, as well as KRW 64,061,820, and Plaintiff D.

Reasons

1. Basic facts

A. The Defendants, who entered into the instant contract, concluded a contract for construction works (hereinafter “instant contract”) with a joint supply and demand company (hereinafter “instant joint supply and demand company”) with the representative company of Defendant KK Co., Ltd. (hereinafter “Defendant K”) on a contract amount of KRW 6,160,000,000 (including value-added tax) with respect to the construction works of the Songpa-gu New Commercial Building (hereinafter “instant construction”) around June 2016, with the M Co., Ltd. (hereinafter “M”), and entered into the contract for construction works (hereinafter “instant contract”). < Amended by Presidential Decree No. 2720, Jul. 1, 2016; Presidential Decree No. 27323, Apr. 30, 2017>

B. The Plaintiffs, who entered into each of the instant subcontracts, shall be the Defendant K, the representative of the instant joint contractors, and shall be awarded a subcontract for a part of the instant construction works as indicated in the table below, and the Plaintiff 1 through 9 shall be exempted from all the entry into the “stock company” in the order of 3% of the contract amount.

A 1. 27,70,000 won 274,890,000 won 2 B B on December 01, 2016, 3 C C on March 30, 2017: 198,000 KRW 227,70,000,000 for the first contract type (including value-added tax) for the subcontracted work (including value-added tax); 416,020,000 won for the installation work; 3.09,00 4D 228,80,800,000 for each of the instant projects on September 30, 2016, 200, 300,000 won for 4D 440,000 for each of the instant projects (including 748,000,000 won for 573,100,000,0000 won for the installation work, 2005,0005 won for the installation work

C. The Plaintiffs and the Defendants entered into the instant direct payment agreement with M around May 2018, and with respect to each of the instant subcontracting agreements, MM, the ordering person, until May 31, 2018, is the subcontractor as indicated below.