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(영문) 대구지방법원 2016.11.30 2016가단22094
공사대금
Text

1. Defendant B Co., Ltd.: 34,848,00 won and 5% per annum from April 21, 2016 to July 29, 2016 to the Plaintiff.

Reasons

1. Determination as to the Plaintiff’s claim against Defendant B Co., Ltd. (hereinafter “Defendant Company”).

(a) Claim for payment of KRW 34,848,00 (including surtax) to the Defendant Company with the indication of the claim

(b) Judgment based on the recommendation of confession based on the basis of recognition (Articles 208(3)2 and 150(3) and (1) of the Civil Procedure Act);

2. Determination as to the Plaintiff’s claim against Defendant C

A. The Plaintiff asserted that the Defendant Company, the representative director of the Defendant Company, requested the construction of freezing and heating facilities (hereinafter “instant construction”), and the Defendant C agreed to pay the construction cost jointly and severally with the Defendant Company.

The Plaintiff completed the instant construction work by April 20, 2016.

The construction cost of the instant construction works is equivalent to KRW 34,848,000.

Therefore, Defendant C is jointly and severally liable to pay the above construction cost to the Plaintiff with the Defendant Company.

In addition, Defendant C was the representative director and oligopolistic shareholder of the non-party company at the time of the Plaintiff’s commencement of the instant construction work, and thus, Defendant C is jointly and severally liable with the Defendant

B. First, as to whether Defendant C agreed to pay the instant construction cost jointly with the Defendant Company, there is no evidence to acknowledge such agreement.

Furthermore, according to the records of evidence Nos. 4 and 5 as to whether Defendant C is jointly and severally liable for the payment of the instant construction cost to the Plaintiff as the representative director and oligopolistic shareholder of the non-party company, Defendant C was the representative director of the non-party company from September 3, 2015 to June 14, 2016, which was at the time of performing the Plaintiff’s instant construction work, and Defendant C was the largest shareholder (42,000 shares out of 60,000) of the non-party company, but solely on these facts, Defendant C is jointly and severally liable for the payment of the instant construction cost to the Plaintiff by the non-party company.

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