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(영문) 서울고등법원 2019.04.12 2017나2071506
공사대금
Text

1. Of the part against plaintiffs A and D in the judgment of the court of first instance, 32,058,423 won against the defendant and plaintiffs D on 27.

Reasons

1. Basic facts

A. A. Around 2014, the Defendant received a construction business license from H Co., Ltd. (former trade name: I Co., Ltd.; hereinafter “H”) and supplied the instant construction of multi-household (hereinafter “instant construction”) by borrowing a construction business license from H Co., Ltd.

B. With respect to the instant construction works, Plaintiff A entered into a subcontract contract, etc. with respect to the instant construction works, with respect to the building materials supplied by Plaintiff B, Plaintiff C with respect to the main household and new storage works, Plaintiff D with respect to the installation works, Plaintiff E entered into a subcontract contract, etc. for the fireproof construction works, and completed it, and the construction cost was not paid in part.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The party's assertion and judgment

A. According to the purport of Gap evidence Nos. 1 through 7 and arguments, the construction cost, etc. under each subcontract contract, etc. concluded between the plaintiffs and the defendant can be acknowledged as stated below. Thus, barring any special circumstance, the defendant is obligated to pay the plaintiff A the unpaid construction cost, etc. of KRW 36,230,00, KRW 35,000, KRW 300, KRW 36,698,000, KRW 27,710, and KRW 34,710,000, and KRW 34,710, and KRW 308, KRW 200, KRW 36,230, KRW 40, KRW 400, KRW 400, KRW 400, KRW 400, KRW 2300, KRW 230, KRW 300, KRW 80, KRW 300, KRW 80, KRW 205, KRW 205, KRW 3005, KRW 7000.

145,00,000 won for D Equipment 130,710,000 won for D Equipment 130,710,000 won for 103,000,000 won for 145,000 won for 36,698,000 won for d Equipment 140,000 won for f to D for 103,000 won for f.

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