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(영문) 수원지방법원 2016.08.10 2016가단11895
공사대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 45,00,000 won and the period from February 12, 2016 to March 28, 2016.

Reasons

1. Evidence 1, B, and the purport of the whole pleadings, which have been recognized;

A. The Plaintiff is a stock company with the purpose of advertising planning business and signboard production, etc., and the Defendants are engaged in the indoor advertising manufacturing business in the trade name of “C”.

B. On December 7, 2015, the Suwon-si and the Defendants concluded a construction contract with the Defendants on the construction cost of KRW 46,750,000 for the construction work and the construction work of KRW 46,750,00 for the said construction work (hereinafter “instant construction work”) and on January 15, 2016 for the said construction work to be entrusted to the Defendants.

C. The Plaintiff completed the instant construction work on January 15, 2016.

The Defendants received construction cost of KRW 45,685,340 from Suwon-si on February 5, 2016.

E. On February 11, 2016, the Plaintiff demanded the Defendants to pay the price for the instant installation work.

2. The allegations by the parties and the judgment of this court

A. (1) On November 30, 2015, the Plaintiff asserted that the Plaintiff entered into a construction contract with the Defendants on the construction work of this case, setting the construction cost of KRW 45 million (including value-added tax) and that the Plaintiff would carry out the construction work of this case.

(2) The Defendants, in response to the Defendants, subcontracted the instant construction work to E in 70% of the construction cost, and E further subcontracted the instant construction work to the Plaintiff in KRW 25 million of the construction cost.

B. In full view of the overall purport of the arguments in the testimony of Gap 1, Gap 2-1 through 3, Eul 17, Eul 17, witness E and Eul, the Suwon-si requested to recommend a sound company that Eul may enter into a private contract with a standing representative. The plaintiff and the defendants are registered as members of G, Eul is located near the defendant Eul and his attorney for a long time, and the plaintiff was involved in the design process of the construction work of this case and sought to recommend the plaintiff E.

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