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(영문) 대전지방법원 2019.06.13 2017가단1957
물품대금
Text

1. The defendant shall jointly pay to the plaintiff KRW 75,437,80 with C Co., Ltd. and shall pay to the plaintiff the full amount from December 24, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who performs a creative work, etc. with the trade name of “E”.

C Co., Ltd. (hereinafter referred to as “C”) and F Co., Ltd. (hereinafter referred to as “F”) are companies engaged in a new house construction business, etc.

The representative of C is the company director G, G and the defendant are the couple, and D are the children of G and the defendant.

F The representative director is H.

B. On May 2, 2014, C drafted a contract agreement for construction work between C, F, and the Plaintiff with respect to the construction work of the Icheon-gun, Chungcheong-gun (hereinafter “instant new construction work”), a contract amount of KRW 2,03,790,000 (including value-added tax) and the construction period from May 2014 to December 2, 2014.

B) In addition, C and F have prepared a document stating that “The above public works contracted on May 2, 2014 are directly paid with respect to all the construction works (subcontracts, materials, personnel expenses, etc.) at C, the ordering person, and all the civil and criminal responsibilities for the subsequent payment of the construction works, shall be confirmed to be in C, the ordering person,” with respect to the newly constructed construction of this case as the title “written consent for direct payment of the construction cost” on the same day, and the Defendant written the document stating that “A and C are in C, the ordering person,” with respect to the said public works.” The Defendant written the written consent of this case, stating his resident registration number in

(2) The Defendant agreed to conclude a subcontract contract for the Changho and Miscellaneous Construction among the new construction works of this case with the Plaintiff and the Plaintiff, and the Plaintiff and F, on June 10, 2014, include value added tax of KRW 180 million on the contract price for the Changho and Miscellaneous Construction (hereinafter “instant construction”) among the new construction works of this case, and KRW 48 million on the certificate No. 4, the contract price is KRW 132 million, and the labor cost is KRW 132 million. The Plaintiff asserts that the said labor cost is separate from KRW 132 million.

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