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(영문) 부산고등법원(창원) 2020.07.09 2019나12520
공사대금
Text

1. The following payments shall be ordered among the parts against Defendant Incorporated Company B with respect to the judgment of the first instance.

Reasons

1. Basic facts

A. The Plaintiff is a person who runs the interior business under the trade name of “D”.

(Substantial business is in charge of the Plaintiff’s husband, and the J is not distinguished from the Plaintiff and the J. (hereinafter referred to as “Plaintiff”).

Defendant Incorporated Co., Ltd. (formerly: E-LLC; hereinafter “Defendant Incorporated Co., Ltd.”) constructed Gdong buildings, Hdong buildings, and O-dong buildings on the ground from November 2015 to August 2016 at Jeju-si (hereinafter “instant land”) and completed registration of ownership preservation in its name around August 2016, and I is the representative director of Defendant Incorporated Co., Ltd.

C. Defendant C Co., Ltd (hereinafter “Defendant C”) is a person who contracted the construction work of each building from Defendant C Co., Ltd. on or around November 2015 and performed the said construction work.

From April 2016 to May 2016, the Plaintiff: (a) received the request from I for the delivery of the interior works of Gdong building and Hdong building (hereinafter “instant construction”); and (b) mobilized the figures from May 2016 to August 2016, and completed the instant construction.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 36 (including branch numbers for those with additional numbers; hereinafter the same shall apply), the witness I of the first instance trial, and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. On April 2016, the Plaintiff entered into a contract with Defendant Incorporated Agricultural Company for the instant construction project, and the construction cost was settled after the completion of the construction work.

Defendant C was in charge of the construction of Gdong and Hdong building. Around August 2016, the Defendants set the Plaintiff a zone as to part of the interior works of Gdong and Hdong building (Evidence No. 3, hereinafter “instant specific construction work”) and Defendant C paid the construction cost to the Plaintiff.

The Plaintiff completed the instant construction project, including the specific construction work of this case.

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