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(영문) 대구지방법원 서부지원 2018.11.27 2017가단56343
공사대금
Text

1. The Defendant (Counterclaim Plaintiff Co., Ltd.) and the Defendants are jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 25,000,000.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements or images of Gap evidence Nos. 2, 3, 4, 8 through 17, Eul evidence Nos. 1 through 5, 7 through 21 (including the number; hereinafter the same shall apply), the results of the inquiry and reply to the fact at the time of the racing of this court, the witness E and F testimony, and the purport of all pleadings.

(A) The evidence No. 1 cannot be used as evidence because there is no evidence to prove the authenticity of the petition.

(1) On December 20, 2013, Defendant B contracted to G Co., Ltd. (hereinafter referred to as “G”) for construction work of H Ilwon Factory site and construction work of a factory in the amount of KRW 2,305,60,000.

G on March 26, 2014, the Plaintiff subcontracted civil engineering works, cut-off works, and road packaging works to the Plaintiff during the construction of the above factory site.

(2) On April 2, 2014, the Plaintiff drafted a written agreement under which Defendant B would be paid a direct payment for the construction cost, and then drafted a contract between Defendant B and Defendant B for the construction of reinforced concrete (hereinafter “instant construction”) among the construction works for building the Hewon Factory Site at Sejong-si (hereinafter “instant construction”) on March 26, 2014, with the construction cost of KRW 880,000,000 (including value-added tax) and the construction period from March 28, 2014 to June 30, 2014.

Since then, the Plaintiff and Defendant B extended the construction period to October 30, 2014.

(3) On March 28, 2014, Defendant C and D guaranteed the payment of the instant construction cost to the Plaintiff.

B. (1) Defendant D agreed with the Plaintiff to lend dump trucks and excavation equipment on April 2014, and used the said construction equipment at the construction site of this case.

On November 22, 2014, Defendant B prepared a letter to pay KRW 130,000,000 to Defendant D the equipment and oil cost of KRW 130,00,000 to Defendant D by December 20, 2014, and the Plaintiff signed it as Consenter.

(2) Defendant D’s assertion that the Plaintiff and Defendant B did not receive KRW 83,00,000 from the construction equipment rental fee, and that Defendant B did not receive it, the Daegu District Court.

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