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(영문) 전주지방법원 2018.06.20 2017가단30288

공사대금

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Summary of the parties' arguments

A. Plaintiffs 1) The Plaintiffs newly construct a multi-family house B in the same ground as Defendant J and the same as that of the Defendant J seeking to newly construct a multi-family house A Dong on the ground located in the following cities (hereinafter “instant new construction work”).

(2) The Defendants are jointly and severally liable as parties to the instant new construction contract and a contractor, and are jointly and severally liable to pay the Plaintiffs the amount indicated in the item column of the unpaid amount of construction payment as stated in the said table, as well as damages for delay, even though they either performed construction works or supplied materials as stated in the attached table of construction payment and the order of Defendant J at the site of the said new construction work.

B. Defendants 1) The Defendants entered into a contract for the instant new construction works with M and N on January 10, 2017, and did not enter into a contract with the Plaintiffs regarding the instant new construction works. 2) The Plaintiffs are merely those who received sewage part of the instant new construction works from M and N.

Therefore, the defendants received a request from M to directly pay the construction price to the subcontractors, and there is only a fact that some of the plaintiffs paid the construction price to the plaintiffs A, C, D, E, and F.

2. In light of the result of the fact-finding on the following facts, it is recognized that the Defendants directly performed the new construction of this case, and submitted a construction permit application or a construction report, but the above recognized facts and other evidence submitted by the Plaintiffs alone are sufficient to support the Plaintiffs and the Defendants.