(영문) 창원지방법원진주지원 2016.10.14 2014가단35453

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(영문) 창원지방법원진주지원 2016.10.14 2014가단35453

공사대금

Text

1. The Defendants jointly share the amount of KRW 45,00,000 to Plaintiff A, and KRW 43,058,000 to Plaintiff B, and each of the said amounts.

Reasons

1. Facts of recognition;

A. Defendant D is the owner and owner of the real estate listed in the table No. 1 in the annexed real estate, and Defendant C is the owner and owner of each real estate listed in the sequence No. 2 and 3 in the annexed real estate (hereinafter referred to as “instant building”) and Defendant E is the husband of Defendant D.

B. From among the new construction works of the instant building, Defendant E contracted the instant construction to the Plaintiff A for communications, electricity, and fire fighting (hereinafter collectively referred to as “instant communications construction”) and the Plaintiff B for each of the instant construction works, and the Plaintiffs completed each of the instant construction works from September 1, 201 to March 2012.

C. Meanwhile, Plaintiff C paid Plaintiff A KRW 135,00,000,000 in total, on February 7, 2013, and ② KRW 10,000,000 in two occasions on February 28, 2013, and ③ KRW 5,000,000 in April 1, 2013, and the Defendants paid Plaintiff B KRW 135,00,00 in total as the price for the construction of the instant steel contract.

[Recognition] Facts without dispute, Gap evidence 2, Eul evidence 3-1 to 3, Eul evidence 1-1 to 4, the purport of the whole pleadings

2. According to the facts of the Defendants’ relation recognition, Defendant C, D, and each of the instant construction works, which are the owner of the instant building, are obligated to pay the construction cost to the Plaintiffs as joint contractors, and it is reasonable to view that the relationship between the said Defendants is a non-joint and several relationship.

3. Determination as to Plaintiff A’s claim

A. The Plaintiff 1’s assertion of the parties A agreed to KRW 95,00,000 upon completion of the instant communications construction work after being awarded a contract by Defendant E, and Defendant C paid only KRW 50,000,000 as the construction cost of the instant communications work to the Plaintiff.

Therefore, the Defendants jointly do the instant telecommunications construction work to Plaintiff A.

유사 판례

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