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(영문) 인천지방법원 2016.09.28 2015가단65591
공사대금 등
Text

1. The Defendant (Appointed Party) and the appointed parties shall jointly and severally serve as KRW 34,550,000 on the Plaintiff and the designated parties from December 29, 2012.

Reasons

1. Comprehensively taking account of the purport of the entire arguments as to the cause of the claim Gap's evidence Nos. 1 and 2, the plaintiff is a business entity manufacturing and installing the main household with the trade name of "C." The defendant (appointed parties) and the appointed parties (hereinafter collectively referred to as "the defendant, etc.") jointly engage in the construction business with the trade name of "D," and the plaintiff is a couple who jointly engages in the construction business with "D," and on August 21, 2012, the manufacture and installation of 11 main household of pents located in Cheongcheon-, Incheon, the plaintiff during the construction period from July 1, 2012 to October 22, 2012, the plaintiff paid 61,50,000 construction amount to the plaintiff during the construction period of 20,000 won to 20,000 won to 25,000 won to 20,0000 won to 20,505,005,0000 won per annum.

2. Determination on the defendant's defense

A. When the construction was interrupted due to the failure of the principal contractor of the Defendant, etc. to pay the construction cost due to the settlement agreement, the Plaintiff and the Defendant, etc. settled the construction cost of KRW 27,000,000 by paying the Plaintiff the construction cost up to December 28, 2012. However, there is no evidence to acknowledge that the Plaintiff and the Defendant, etc. settled the construction cost as above.

B. As the Defendant et al. asserted that the Defendant et al. extinguished due to the replacement of the obligor, the Defendant et al. transferred the obligor’s obligation to the said construction cost to FF Co., Ltd. or G, the owner of the said construction work, to G, the Defendant et al., the said obligation to the Defendant et al. was extinguished

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