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(영문) 부산고등법원 2016.03.17 2015나54967
공사대금
Text

1.The judgment of the first instance shall be modified as follows:

The defendants are jointly and severally liable to the plaintiff 472,706,000 won and their importance.

Reasons

1. The facts following the facts are without dispute between the parties, or recognized by Gap evidence 1, 2-1, 2-2, Eul evidence 23 and 3-3, witness J of the first instance trial, P's testimony and whole arguments.

A. The Plaintiff is a person who performs interior interior interior interior interior interior interior interior interior and remodelling works, and Defendant B is the owner of the above ground telecom in Kimhae-si E (hereinafter “instant telecom”).

B. On behalf of the Plaintiff, G entered into a remodeling construction contract with Defendant C to process the conclusion of the remodeling construction contract for the instant franchise by Defendant B’s son on behalf of the Plaintiff, or delegated the overall work of the construction work after the conclusion of the remodeling construction contract for the instant franchise, and commenced construction work around August 2012 on behalf of the Plaintiff (Article 3, 4, and evidence 2-1 in relation to the said construction contract are written, and the construction contract for each of the above construction contracts is written, and the validity of each of the above construction contracts is deemed as follows 3) and August 2012.

(hereinafter “instant construction project”). C.

On the other hand, on August 14, 2012, Defendant B leased the instant franchise with a deposit of KRW 80 million, monthly rent of KRW 18 million, and the two-year period from the date of delivery; Defendant B transferred the instant cartel to N by December 3, 2012 so that N can start its business before the end of the year, taking into account the special nature of gender-saving, and received KRW 150 million in the balance of the deposit.

The Plaintiff had completed the instant construction work by December 20, 2012, but had to complete the construction work before December 3, 2012 at the request of the lessee.

E. On March 29, 2013, the Plaintiff completed the instant construction work.

2. The parties' assertion

A. The Plaintiff’s assertion is a true contract for the instant construction project, and the Defendant C also assumes the responsibility for all obligations owed by Defendant B relating to the instant construction project.

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