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(영문) 서울서부지방법원 2015.09.11 2014가단43192

공사대금

Text

1. The Defendant: 15,720,750 won to Plaintiff A; 11,576,100 won to Plaintiff B; and 4,750,000 won to Plaintiff C and each of the said money.

Reasons

1. Basic facts

A. On November 2013, Plaintiff A entered into a contract by issuing a written estimate for construction cost of KRW 23,382,500 (excluding value-added tax) at the request of G, who is called the site manager of the construction site, with respect to the construction of the second floor F Sports Center of Eunpyeong-gu Seoul E-building and the second floor F Sports Center, and completed the said electrical construction.

Since then, Plaintiff A received a total of KRW 10,000,000 in four times from November 18, 2013 to December 23, 2013 under the name of the Defendant, as part of the said construction cost.

B. On November 2013, Plaintiff B entered into a contract with G to provide a written estimate for construction cost of KRW 13,251,000 (value-added tax separate) at the request of the Fsports Center, and completed the contract, following the conclusion of the contract.

Since then, on November 28, 2013, Plaintiff B received KRW 3,000,000 from the above construction cost under the name of the Defendant.

C. On November 2013, Plaintiff C entered into a contract with G to provide a quotation of KRW 6,750,000 in total, including KRW 3,700,000 for manufacturing and installing the Fsports Center’s sports equipment, KRW 1,700,000 for francing construction, and KRW 850,00 for mechanical soundproofing construction and hot water tanking construction, and KRW 500,00 for physical fitnesss installation, and completed the contract to manufacture and install the said sports equipment.

Since then, on December 18, 2013, Plaintiff C received KRW 2,000,000 from the above construction cost under the name of the Defendant.

On the other hand, G, along with H, I, and J, intended to operate the F Sports Center in partnership, and borrowed the name of the business operator from the Defendant in consideration of the fact that G and H are bad credit holders.

On October 31, 2013, the Defendant approved the name lending request of G and H, and completed the business registration with the Defendant as the business title of the Fsports Center, while G and H are related to the bank account in the name of the Defendant and the credit card linked to the said account.