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(영문) 대구지방법원 포항지원 2018.05.25 2017가합10300
공사대금
Text

1. Defendant B and D jointly and severally with the Plaintiff KRW 504,722,220, and Defendant B Co., Ltd. with respect to the aforesaid amount.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is an individual entrepreneur who runs a construction business under the trade name of “E”. 2) Defendant Dail Construction is a company running a housing construction and sales business, Defendant B is a company running a housing construction business, housing site preparation business, etc., Defendant C is a representative director of Defendant B, and Defendant D is an individual entrepreneur who runs a construction business under the trade name of “F”.

B. On April 28, 2016, the Plaintiff, including the conclusion of a construction contract, was awarded a subcontract for removal, soil, file, and reinforced concrete construction work (hereinafter “instant construction work”) among the incidental civil works for construction of a new H apartment on the ground of land, other than the Nam-gu, Nam-gu, and one parcel of land (hereinafter “instant land”) supplied by Defendant D and B from Defendant D and B, and started the said construction work around that time.

C. Around September 22, 2016, Defendant Postal Construction suspended the instant construction due to the difficulty in executing the instant construction project due to the failure to repay Defendant Postal Construction and the discontinuance of the instant construction project. Defendant C and B prepared a lien and a written waiver of the construction, and settled the construction price of KRW 1,166,369,149 up to that time. 2) The Plaintiff suspended the instant construction around September 27, 2016, and the Plaintiff was not paid KRW 504,72,000 for the construction price from Defendant Postal Construction to that time.

3) On September 27, 2016, Defendant Postal Service Construction suspended its current account transaction on the 29th of the same month. [The grounds for recognition] between the Plaintiff and the Defendant D: (Article 150(3) of the Civil Procedure Act) that the Plaintiff and the remainder of the Defendants do not clearly dispute: the fact that the Plaintiff did not clearly dispute, the entries in subparagraphs 2 through 4, and 6 through 9 (where the number is available, the number is included in the number and the purport of the entire pleadings.

2. Determination

A. 1) The summary of the cause of the claim against Defendant Uilil Construction, B, C, and D is the contractor of the instant construction (which is the contractor, and Defendant B, C, and D is the contractor of the instant construction.

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