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(영문) 수원지방법원 2016.08.18 2015가합5920

공사대금

Text

1. The Defendant (Appointed Party) and the appointed parties B, and C jointly with the Plaintiff, KRW 250 million and the Plaintiff as to the amount of KRW 250 million. < Amended by Presidential Decree No. 24840, Nov. 30, 2013>

Reasons

1. Facts of recognition;

A. On July 25, 2013, the Plaintiff supplied and received the instant reinforced concrete construction work (hereinafter “instant reinforced concrete construction work”) for construction cost of KRW 50 million, among the construction works for new apartment units D and E-ground multi-household housing units (hereinafter “instant new construction work”).

The contract (hereinafter “instant contract”) written by the Plaintiff at the time of the said contract is written in the orderee column as “A and two persons,” and the seal of the Defendant (hereinafter “Defendant”) is affixed.

B. The Defendant and the appointed parties B are married, and the appointed parties C are children of the above married couple.

C. On July 24, 2013, the Defendant and the Appointor B jointly and severally guaranteed the Plaintiff’s obligation to pay for the goods to F Co., Ltd. that supplied construction materials, such as steel bars, to the Plaintiff. On August 28, 2013, the Defendant, the Appointor B, and C jointly and severally guaranteed the Plaintiff’s obligation to pay for the goods to G Co., Ltd. that supplied construction materials, such as steel bars, to the Plaintiff.

After the Plaintiff started the instant reinforced concrete construction work, the Defendant, the appointed parties B, and C entered into a construction contract with the Dried Construction Co., Ltd. on August 29, 2013, and the Dried Construction Co., Ltd. to supply and demand the instant housing construction work at KRW 1.21 billion for the construction cost.

E. On September 3, 2013, the Plaintiff drafted a subcontract agreement containing the content that the Plaintiff would supply the instant reinforced concrete construction work in the amount of KRW 50 million for construction cost.

F. During the construction of the instant housing construction and the instant reinforced concrete construction, the Plaintiff renounced each construction on November 1, 2013. On the same day, the Defendant and the designated parties B, C, and the construction of the instant reinforced concrete, including a written agreement stating that “The contractor is responsible for the contractor without any civil and criminal responsibility for the construction, since the contract was rescinded, and the initial contractor directly ordered for the steel structure construction that occurred during the continuous construction work.”