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(영문) 서울서부지방법원 2016.08.12 2016가단1772
공사대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 40,77 million and the Defendants A from November 12, 2014 to April 28, 2016.

Reasons

According to the evidence Nos. 1, 2, and 4, there is no dispute between the parties or according to the Plaintiff’s respective statements, the Plaintiff, on September 29, 2014, received a subcontract for the construction cost of KRW 40,70,000 from Defendant A for the construction cost of the Category 1.5 Site Creation Project in Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-si, and received a tax invoice as of November 11, 2014, and the said subcontract is recognized that Defendant B performed a contract by borrowing the name of Defendant A.

Therefore, Defendant A, as a party to the above subcontract, is jointly and severally liable to the Plaintiff as the actual party, is jointly and severally liable to pay the Plaintiff the above construction cost of KRW 407 million and the damages for delay calculated at the rate of 6% per annum under the respective Commercial Act until April 28, 2016, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

As to this, Defendant A received a letter from Defendant B that he shall assume all the responsibilities relating to Defendant B’s project by lending the name of the business operator, and asserts that Defendant A is not liable because he did not conclude a direct contract with the Plaintiff.

However, as long as the defendant A has lent his name, he is liable for the plaintiff who entered into a subcontract with the business operator with the knowledge of the business operator.

(B) The evidence No. 1 alone does not deviate from its liability). The defendant A’s assertion is not accepted, and all the plaintiff’s claims against the defendants are accepted.

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