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(영문) 울산지방법원 2017.04.27 2014가합5230
공사대금
Text

1. Defendant B and Defendant C Co., Ltd. jointly share KRW 1,178,540,451 to the Plaintiff and their related amount.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaged in the construction work, glass, metal installation work, etc. with the trade name of “E”, and Defendant B Co., Ltd. (hereinafter “B”) is a company engaged in the construction work business, etc., and Defendant C Co., Ltd. (hereinafter “C”) is a housing construction business, etc., and Defendant D is a real operator of Defendant C, who was the representative director of Defendant B.

B. On April 20, 2012, Defendant B and Defendant C’s division and merger were established as the representative director on April 20, 2012. The construction business sector of Defendant C was divided and merged with Defendant B on June 18, 2012.

C. On June 28, 2012, the Plaintiff entered into a contract with Defendant C, with the Plaintiff for construction cost of KRW 1,300,000 (excluding value-added tax), setting the construction period from August 20, 2012 to January 30, 2013, and entered into a contract for the construction of the F apartment in Ulsan-gu, Ulsan-gu (hereinafter “instant apartment”) with each of the new construction works of new construction works of the F apartment (hereinafter “instant apartment”). D.

On March 29, 2013, the Plaintiff entered into a contract with Defendant B, and completed the construction work (including value-added tax) with Defendant B, to set the construction period from July 20, 2012 to May 30, 2013, and entered into a contract for construction works, such as title, etc. (hereinafter “instant secondary contract”). The contract with Defendant C on June 28, 2012 entered into a new contract for construction works on November 22, 2013.

E. From April 3, 2013 to July 22, 2013, the Plaintiff received KRW 332,00,000 in total as the construction price from Defendant B.

【Ground for recognition】 The fact that there has been no dispute, entry in Gap's 1, 3, 7, 8, 15 certificates (including numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. As to the plaintiff 1, the defendant 2 was against the plaintiff 1.

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