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(영문) 서울남부지방법원 2017.04.06 2016가단5126
대위변제금 등
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 53,290,000 won and Defendant A from February 17, 2016, and Defendant B from February 13, 2016.

Reasons

1. Basic facts

A. On March 1, 2015, the Plaintiff subcontracted C’s expiry repair works under the C repair Contract for C Repair Works from Samjin-in Co., Ltd. (hereinafter “Seoul”), and the Plaintiff, around March 2015, deposited with Defendant B, managing a business entity performing D’s services, and the construction period from April 1, 2015 (including value-added tax) to the same year.

6. For the end of 30.30., a sub-subcontract agreement was entered into, and Defendant A, the representative of Defendant B and D, as a joint subcontractor, entered into a construction subcontract agreement with the aforementioned content.

(3) In the event of a dispute as to whether Defendant A is a joint subcontractor, it is judged in Paragraph (2). Thus, Paragraph (1) does not specify the subcontractor when determining the person as the subcontractor of the construction work, and Paragraph (2) does not specify the subcontractor.

After that, the plaintiff and the defendant agreed that the defendant will perform the construction work on the construction cost of KRW 44,00,000 (including value added tax), and the second additional construction cost of KRW 88,00,000 (including value added tax) and the defendant's side fulfilled the construction work.

(A) The above construction works referred to in paragraphs (a) and (b) above are collectively referred to as “instant repair works,” and the above construction contracts are collectively referred to as “instant repair works contract.”

Around September 25, 2015, the Defendant’s side suspended construction work, and thereafter, the Plaintiff implemented construction work by directly ordering its father and paying wages, and the construction contract between the Plaintiff and the Defendant was concluded.

Meanwhile, the Plaintiff from March 31, 2015 to the same year.

9. By the end of 25.24,200,000 won was remitted to Defendant A’s bank account.

[Ground of recognition] Facts without dispute, Gap-5 evidence 1 and 2, the whole purport of the pleading

2. Summary of the cause of the claim;

A. The Defendants, as joint subcontractors, are awarded a subcontract for the instant repair work from the Plaintiff.

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