공사대금
1. The part against Defendant C in the judgment of the first instance shall be revoked.
2. Defendant C is the Plaintiff KRW 31,000,000 and this shall apply.
1. Facts of recognition;
A. On February 23, 2012, the Defendants drafted a contract for the construction of a newly built multi-household of reinforced concrete structure with the size of five stories above ground (hereinafter “multi-household housing in this case”) on the 5th unit of land (hereinafter “multi-household housing in this case”). The contract form is written by Defendant C as the contractor and Defendant B as the contractor.
B. On July 15, 2013, the Plaintiff drafted a written estimate for construction cost of KRW 41,000,000 (excluding value-added tax) with respect to the metal windows among the new construction works of the instant multi-household housing (hereinafter “the instant metal works, etc.”). On September 30, 2013, the Plaintiff completed the instant metal works, etc.
C. On July 15, 2013, the Plaintiff was transferred KRW 10,000,000 to Defendant B for the construction cost of the instant metal works, etc.
On the other hand, the instant multi-household was approved by the head of Jung-gu Seoul Metropolitan Government on August 21, 2014 after filing a report on the commencement of construction on September 7, 2012.
【Unsatisfy-based satch-based satisfy-based satisfy-based satisfy-based satisfy-based satisfy-based satisfy-based satisfy-based satisfy-based satisfy
2. Determination as to the plaintiff's claim against the defendant B
A. The Plaintiff’s assertion 1) The Defendant B’s summary of the Plaintiff’s assertion is the Comprehensive Construction Company forcheon Construction (hereinafter “Comprehensive Construction Company”).
) From the perspective of borrowing a construction business license, Defendant C employed Defendant C as a field manager, and carried out a new construction of the instant multi-household house. Accordingly, Defendant B cannot be admitted as evidence, as there is no evidence to acknowledge the authenticity of the construction contract (Evidence A 1) with the Plaintiff and the instant metal construction contract, which appears to conform thereto. The Plaintiff paid KRW 10,000,000 to the Plaintiff as the price for construction.
Therefore, Defendant B shall pay to the Plaintiff the remainder of the construction cost on the instant metal construction work, etc. 31,000.