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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 127,300,000, and Defendant A from September 1, 2012.
Reasons
1. Basic facts
A. The Plaintiff is a corporation that runs the electrical construction business, etc., and the Defendant A corporation (hereinafter “Defendant Company”) is a corporation that runs the construction business.
Defendant B is the actual representative of the Defendant Company as the representative director D of the Defendant Company A, and Defendant C is the children of Defendant B.
B. A subcontract 1 between the Plaintiff and the Defendant Company: (a) around May 201, the Plaintiff received from the Defendant Company B with respect to the construction for the electrical construction, etc. among the new construction of the Ulsan Factory Construction; and (b) entered into a subcontract for the said electrical construction with the Defendant Company around June 10, 201 after issuing a written estimate. (c) On June 201, the Plaintiff received a request from the Defendant Company B for additional construction for the said new construction works; and (d) on June 201, the Plaintiff received the request from the Defendant Company B for additional construction for the installation of the electric facilities among the said new construction works, and entered into a subcontract for each of the instant subcontract
3) Around April 2012, the Plaintiff completed the instant subcontract, but did not pay the construction cost in the Defendant Company. Around April 2012, the Plaintiff was prepared with the following confirmations (hereinafter “instant confirmations”) from Defendant B.
Written Confirmations: 127,300,000 won (the person in charge of confirmation) name B
1. On June 10, 201, the above-mentioned confirm that the person liable for the total of KRW 80,000,000,000, and the total of KRW 47,300,000,00,000, for the construction cost of the Ulsan Factory Construction Work executed by the Dae-gu Co., Ltd. on June 10, 201.
2. The Ascertainment undertakes to pay the above amount by August 31, 2012.
C. On August 19, 2013, Defendant C purchased KRW 380,000,00 from the Nam-gu, Busan and 202 Dong 405 (hereinafter “instant apartment”) and completed the registration of ownership transfer on October 1, 2013.
[Ground for recognition] Defendant Company: Each of the items stated in Gap's evidence Nos. 1 through 4 is deemed to be a confession (Article 208 (3) 2, Article 150 (3) and (1) of the Civil Procedure Act).