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1. The Defendant (Appointed Party) against the Plaintiff (Appointed Party), KRW 7,194,795, KRW 4,784,515, and KRW 4,784,515, and Nonindicted Party Co., Ltd.
Reasons
1. Facts of recognition;
A. The Defendant entered into a contract on construction works with the Seoul Special Metropolitan City, Seoul Special Metropolitan City Gosiwon Co., Ltd. (hereinafter “F”). However, F waived construction works were waived on May 28, 2012 when only three floors of the above construction works were completed.
B. On September 3, 2012, the Defendant concluded a contract for construction works (hereinafter “instant contract for construction works”) with H, setting the construction period from September 3, 2012 (the end of the date of the on-site acquisition) to December 15, 2012, and the construction cost of KRW 513,700,000, in order to complete the said construction works with H.
C. Meanwhile, since H did not have any separate business registration at the time of the conclusion of the instant construction contract, both the occurrence of tax invoices and the payment of construction cost related to the said construction project were executed through the Defendant’s name and account, and the Defendant’s actual representative I (the husband of the Defendant’s representative director) delivered H the Defendant’s corporate account, cash card, etc. to H.
H entered into a contract for construction on behalf of the Defendant with Plaintiff A and Appointors (hereinafter “Plaintiffs”), as listed below, and the Plaintiffs were partly paid the construction cost as indicated below through the Defendant’s account.
The parties’ assertion to the effect that the amount of the construction payment for A facilities project unpaid is KRW 35,200,000,000 for A facilities project 26,200,000 for KRW 9,200,000 for KRW 16,400,000 for the Telecommunication Co., Ltd. of KRW 5,400,000 for the Telecommunication Corporation of KRW 5,700,000 for the Telecommunication Corporation of KRW 51,430,000 for the Telecommunication Corporation of KRW 51,430,270,000 for the Telecommunication Corporation of KRW 60,50,000 for the Metal Corporation of KRW 49,50,000 for the Metal Corporation of KRW 11,50,000 for the Telecommunication Corporation of KRW 64,000 for the EM Corporation of KRW 16,400,000 for the waterproof Control Corporation of KRW 130,000 for the Defendant