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(영문) 서울중앙지방법원 2019.07.19 2018나77311
하도급대금 청구의 소
Text

1. A plaintiff among the part against defendant B of the judgment of the court of first instance, who falls under the following amount of additional payment order.

Reasons

1. Basic facts

A. The Plaintiff, who runs a small-scale artificial fishery business with the trade name of “E”, has been awarded a contract for construction work equivalent to KRW 211,305,60 in the column of “P” in the attached transaction statement “F” and “other” column from Defendant B, who runs a large-scale artificial fishery business with the trade name of “F” to October 19, 2015, and was paid KRW 164,00,000 out of the said construction cost.

B. From around September 3, 2015 to May 9, 2016, the Plaintiff contracted construction work equivalent to the total construction cost of KRW 45,542,200 with Defendant D Co., Ltd. (hereinafter “Defendant D”) as stated in the same Table “D” column, and completed the construction work.

C. Meanwhile, Defendant C is registered as the representative director of Defendant D, and Defendant B is registered as the auditor of Defendant D.

【Ground of recognition】 The fact that there has been no dispute, Gap’s entries in Gap’s 1 through 8, 11, 14 through 17, 19 through 23, and 28, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts acknowledged as to the cause of the claim (i) above, Defendant B is obligated to pay the Plaintiff the unpaid amount of KRW 47,305,600 among the construction cost, and delay damages therefrom, and Defendant D is obligated to pay the construction cost of KRW 45,542,200, and delay damages.

⑵ 배척하는 부분 ㈎ 별지 거래내역표 중 “기타” 열의 “R 10층 드레스실과 헤어샵 구조 변경 후 도배 마루” 부분 원고는 별지 거래내역 표 중 “기타” 열의 “R 10층 드레스실과 헤어샵 구조 변경 후 도배 마루” 부분 4,361,500원의 공사 역시 원고가 피고들로부터 도급받아 공사를 완료하였음을 전제로 피고들에게 그 미지급된 금액의 지급을 구한다.

However, according to the statement in Gap evidence No. 18, the plaintiff is not the defendants, but the tax invoice for the construction amount of KRW 4,361,500 at the price of November 20, 2015.

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