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(영문) 대구지방법원 2020.06.12 2019가단116952

공사대금

Text

1. The Defendants shall jointly and severally serve as KRW 147,00,000 on the Plaintiff and as a result, from May 25, 2019 to May 31, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a corporation mainly established for the construction of steel framed and steel structure construction business. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a corporation mainly established for the construction business on August 20, 2015. Defendant C was appointed as the representative director of Defendant C on November 23, 2018.

On the other hand, D Co., Ltd. (hereinafter “D”) is a corporation established mainly for construction business on April 23, 2014.

B. The process of concluding the prime contract and the subcontract is 1) the E Co., Ltd. (hereinafter “E”).

On May 1, 2015, E entered into a subcontract with D with the amount of KRW 1,750,000,000 for the construction cost of the E-style house and new factory construction works. 2) On September 1, 2015, E entered into a subcontract with the Defendant Company with the amount of KRW 1,750,000 for the construction cost of the E-style house and new factory construction works.

3) On September 2, 2015, D between the Plaintiff and the Plaintiff on September 2, 2015, the steel framed Corporation (hereinafter “instant construction”) among the steel framed and factory construction works.

(4) On September 4, 2015, the Defendant Company entered into a subcontract with the Plaintiff at KRW 363,000,000 for the instant construction work.

C. On September 7, 2015, the Plaintiff issued a contract guarantee certificate issued by the FFF Financial Cooperative with respect to the instant construction work to the Defendant Company with the Defendant Company, and on the same day, issued the beneficiary a worker's accident mutual aid certificate to the Plaintiff and the Defendant Company.

D. (1) On September 9, 2015, from the corporate account under its name to the Plaintiff’s corporate account. At the time of transfer recording, the Defendant Company entered the Plaintiff’s corporate account in the name of the sender, and the sender was indicated as the Defendant Company. 2) D is a corporation under its name from September 5, 2015 to May 16, 2016.