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(영문) 서울중앙지방법원 2019.02.19 2017가단61172
공사대금 청구의 소
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 89,506,470 as well as the interest rate from August 29, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. D Co., Ltd. (hereinafter “D”) was awarded a subcontract for the installation and dismantling of facilities for transporting land and water on the land of G Corporation awarded orders by E and F.

The main contents of the construction work are the landing facilities that enable the removal of wastes generated in the construction process of a power plant (such as land surface and water surface), which are installed and dismantled because it is temporarily used only during the construction period.

B. D subcontracted the said installation and dismantling work as indicated in the following table. Around May 10, 2015, the Plaintiff (mutual name: H) received a subcontract for the dismantling work of the said work from Defendant C (mutual name: I) (hereinafter “instant work”), and the written contract was not prepared separately.

On May 1, 2014, 2014, the contract price of 330,000,000 won (excluding the supply and demand of the portion to be dismantled) for the subcontractor who entered into a contract for the construction project: K Co., Ltd., Ltd., LI (dispacted parts) for the subcontractor who entered into a contract

C. Meanwhile, Defendant C operates a specialized construction business with the trade name “I” by lending the name of Defendant B, the husband of his female J. D.

From May 14, 2015 to June 15, 2015, the Plaintiff settled accounts of 114,252,980 won in total, including labor cost, equipment cost, etc. and requesting payment to Defendant C. However, Defendant C refused payment of the remainder by paying KRW 24,746,510 to the Plaintiff on August 17, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 8, 10, 13 evidence, Eul evidence or video (including virtual numbers; hereinafter the same shall apply), the whole purport of the pleading [Insatisfy evidence] The testimony of witness M

2. Determination on the cause of the claim

A. The plaintiff 1 of the parties' assertion is jointly and severally between the defendant C, the actual business owner, and the defendant B, the nominal name holder, the title holder of the contract of this case.

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