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(영문) 서울중앙지방법원 2015.03.18 2014나31126
공사대금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. On July 2012, the Plaintiff constructed the floor floor construction (hereinafter “instant construction”) of Seocho-gu Seoul Metropolitan Government D apartment 7 Dong 703 (hereinafter “instant apartment”).

B. The apartment house of this case is owned by Defendant B, and Defendant C is a partner of Defendant B.

[Reasons for Recognition] Unsatisfy, Gap evidence 1

2. The parties' assertion

A. Since the Plaintiff’s assertion entered into a contract with Defendant C on the instant construction project and completed the instant construction project, Defendant C is obligated to pay the construction cost of KRW 5,009,00 and the delay damages.

Since Defendant B, as the owner of the apartment of this case, instructed or supervised the construction of this case with Defendant C, it is jointly and severally liable to pay the construction cost of this case with Defendant C.

Defendant C is liable for the payment of the instant construction cost by demanding the Defendant C to issue a tax invoice for the instant construction work under the name of the Defendant Company. As such, Defendant C is jointly and severally liable for the payment of the instant construction cost.

B. The Defendants’ assertion did not require the Plaintiff to perform the instant construction work or conclude a contract for construction work.

In other words, when problems arise such as defective construction after Defendant C’s dental hospital construction work was performed by Defendant C, the instant construction work was performed at cost without profit, and only Defendant C left Defendant C with the instant construction work.

Furthermore, Defendant C filed a lawsuit seeking confirmation of the existence of an obligation against E in relation to the above two projects and obtained a favorable judgment, and thus, Defendant C did not have any obligation to be borne any more in relation to the instant project.

3. We examine whether the Plaintiff entered into a contract for the instant construction project with the Defendants.

First of all, the Plaintiff and any of the Defendants are the instant construction work.

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