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(영문) 서울중앙지방법원 2017.11.23 2016가단5283307
공사대금
Text

1. Defendant B and Defendant C jointly share KRW 36,00,000 with respect to the Plaintiff as well as the amount thereof from December 7, 2016.

Reasons

1. The following facts may be found either in dispute between the Parties or in full view of the statements in Gap evidence 1 to 5 (including paper numbers), Eul evidence 1 and 2, testimony and the entire purport of the pleadings. A.

Defendant D is the birth of Defendant C, and is a person who completed the registration of ownership transfer on November 2, 2015 on the grounds of sale on August 31, 2015 with regard to the Seongbuk-gu Seoul F 102m2.

B. On October 22, 2015, Defendant C, in the name of Defendant D, contracted the construction work for the said F Housing Construction Corporation (hereinafter “instant Housing Corporation”) to Defendant C as KRW 240,00,000 (excluding value-added tax).

C. On November 6, 2015, the Plaintiff received subcontracting from Defendant B on the premise that, among the instant housing construction works, the construction cost of KRW 43,000,000, and the construction period of the instant housing construction works was borne by Defendant B, and that, on January 30, 2016, the aggregate materials were borne by Defendant B.

(hereinafter referred to as the “instant subcontract”) D.

As Defendant B did not pay progress payment to the Plaintiff under the instant subcontract, the Plaintiff suspended the Plaintiff’s construction, and Defendant C entered into an agreement with the Plaintiff on February 27, 2016 that the Plaintiff shall pay the subcontract price in the event that Defendant B could not pay the subcontract price of this case.

(hereinafter referred to as the “instant arrangement”). E.

After the agreement of this case, the Plaintiff resumed the subcontracted construction of this case and completed the said construction.

In addition, while the Plaintiff was performing the subcontracted project in this case, the Plaintiff was awarded a subcontract for the 2,000,000 additional construction cost for both sides of the subcontracted project by Defendant B, and the said additional construction was completed.

F. The Plaintiff was paid KRW 9,00,000 as the construction price of the subcontracted project in this case by Defendant B.

G. Defendant D is a house newly built by the instant Housing Corporation.

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