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(영문) 창원지방법원진주지원 2016.02.16 2015가단4937
공사대금
Text

1. The Defendant’s KRW 23,830,00 for the Plaintiff and KRW 6% per annum from May 8, 2015 to February 16, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaging in fire-fighting facility business and maintenance business. The Defendant is a company engaging in electrical construction business, and the Nonparty B is a person who established a mutual electrical construction company of the name of “C” around January 2015 after retirement when working in the said company from the time when the Defendant Company was established as a partner of the Defendant’s representative director.

D 11,00,000 Won 2 E 11,00,000 per 3 viewing and 3 viewing of the 4th floor buildings of KRW 5,500,000 per 5,50,000 per 5,500 G 5,500,000 KRW 62nd 7,700,000 per 7H 77,000,000 per 7th 62nd 62nd 7,500,000,000, including value added tax, the Defendant asserts that the construction cost related to Hnew Fire Fighting Corporation was KRW 83,60,000,00 including value added tax, but the evidence submitted by the Plaintiff alone is insufficient to recognize that the above construction cost exceeds KRW 77,00,00,00,00.

8 I 11,00,000 Won 9 J 5,500,000 Won 137,830,000

B. The Plaintiff concluded a contract for a construction project with the Defendant representative director or B and received the payment thereof. The Plaintiff entered into a contract for each fire-fighting facility project (hereinafter “each of the instant construction contracts”) between B and B as follows, and completed the construction work accordingly.

C. The Plaintiff received KRW 94,000,000 from the above construction price through the Defendant’s account, and KRW 20,000,000 received KRW 114,00,000 from the Defendant’s account under the name of C or B’s spouse K.

[Ground of recognition] Unsatisfy, Gap's statements in Gap's 2, 3, 5, 8-1, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion asserts that the plaintiff is obligated to pay the unpaid construction price to the plaintiff, since the construction contract was completed after the contract was concluded with the defendant's legitimate representative Eul.

B. Each of the contracts of this case asserted by the Defendant is awarded by B by stealing the name of the Defendant and then subcontracted again to the subcontractor including the Plaintiff.

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