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(영문) 부산지방법원 2020.01.14 2018가단324151
공사대금
Text

1. Defendant B Co., Ltd. and D jointly and severally with the Plaintiff KRW 85,00,000 and Defendant B Co., Ltd. with respect thereto on June 2016.

Reasons

1. Determination as to the claim against Defendant B

(a) Indication of claims: To be indicated in the corresponding part of the grounds for the claims against the above defendant;

(b) Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. Determination as to the claim against Defendant D

A. The facts of recognition 1) Defendant D are Defendant B Co., Ltd. (hereinafter “Defendant B”) around January 2015.

3) The 4th multi-household housing F (hereinafter referred to as the “new building of this case”) on the land outside Gyeong-gun E, Gyeong-gun and one other.

(2) As to the newly constructed construction, Defendant B subcontracted the construction price of KRW 1,767,90,000, and the construction period from January 15, 2015 to August 30, 2015, respectively. (2) around February 2015, the Plaintiff, who runs a stone construction business in the trade name called G, entered into a subcontract for the construction work of the instant new building with KRW 82,00,000 (excluding value-added tax) and the construction period from February 2, 2015 to July 30, 2015, respectively.

3) On July 6, 2015, Defendant B subcontracted the construction cost of KRW 18,200,00 (excluding value-added tax) and the construction period of the additional stone works to the Plaintiff as of August 30, 2015, respectively (hereinafter referred to as “the instant stone construction work, including the additional stone construction work”).

(4) Although the Plaintiff completed the instant stone construction, Defendant B did not pay only a partial payment to the Plaintiff, and did not pay KRW 85,000,000 for the remainder of the stone construction work.

5) On June 23, 2016, Defendant D, Plaintiff, and Defendant B agreed to pay the construction cost as follows (hereinafter “instant direct payment agreement”).

(A) Agreedr (A: D. D.: B. The foregoing Arrangements are as follows. The owner of the newly constructed building of this case agrees to pay the construction cost of KRW 85,00,000,000, out of the construction cost to be paid to Byung, which is the building contractor of this case, directly after the completion of the building, and on the other hand, Gap, Eul, and Byung signed the Agreement on June 23, 2016.

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