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(영문) 인천지방법원부천지원 2015.01.28 2014가단27571
공사대금
Text

1. Defendant B: 11,00,000 won for the Plaintiff (Appointed Party); 6,540,000 won for the appointed Party D; and 5,980,000 won for the appointed Party E.

Reasons

1. Facts of recognition;

A. The Plaintiff, with the trade name of F, is a person who conducts a paint business, the Selection D is a person who conducts a steel business under the trade name of G, and the Selection E is a person who gives a tree class under the trade name of H.

B. On October 5, 2013, the Plaintiff and the designated parties were awarded a subcontract for the construction of I’s neighborhood living facilities located in Guang City from Defendant B (hereinafter “instant construction”) and completed the construction on November 15, 2013. The Plaintiff was unable to receive the payment of KRW 11,00,000 for the Plaintiff, KRW 6,540,00 for the Selection, and KRW 5,980,00 for the Selection.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion and the designated parties are obligated to pay the unpaid construction cost jointly, as they completed the construction work by subcontracting the construction work from the defendants.

B. Judgment based on the assertion of confession as to Defendant B (Article 208(3)2 of the Civil Procedure Act)

C. As to the fact that the plaintiff and the designated parties with respect to the defendant C received a subcontract for the construction work of this case from the defendant C, it is not sufficient to recognize the above facts only with the statements in subparagraphs 1 through 6, and there is no other evidence to acknowledge it. Thus, the above assertion against the defendant C is without merit.

3. In conclusion, the plaintiff's claim against the defendant B among the plaintiff's claim of this case is justified, and the claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.

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