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(영문) 의정부지방법원 2016.02.02 2015가단100266
공사대금
Text

1. The Plaintiff, Defendant C’s KRW 12,00,000, and its amount from July 4, 2015, Defendant D’s amounting to KRW 9,000,000, and its amount.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who operates a pipeline, pipeline, etc. installation business in the name of “E”, and Defendant B is a person who works as the head of “F” farm in which he/she conducts a business of cultivating mushroom seeds and supplying a mushroom farm across the country, and Defendant C is a person who conducts mushroom growing in the trade name of “G”, and Defendant D is a person who conducts mushroom growing in the name of “I” in Namyang-si, Namyang-si.

B. On May 2013, the Plaintiff entered into a construction contract with Defendant C to establish 8 greenhouse houses for growing mushrooms on the land, Gyeongsung-gunJ and 1, Gyeongsung-gun, Gyeongsung-gun, and to establish 42 million construction cost, and the same year.

5. Starting with the horse warning work, the same year;

6. The construction was completed around 10.10

The Plaintiff was paid KRW 30 million out of the above construction cost by Defendant C.

C. The Plaintiff entered into a construction contract with Defendant D to execute the 43 million won of the construction cost for six plastic greenhouses for mushroom cultivation built at H in Nam-si, Namyang-si, with the remuneration and covering construction work for six greenhouses for mushroom cultivation, and the same year.

8. The same year when the construction work was performed from the end;

9. The work was completed around 30.

The Plaintiff was paid KRW 34 million out of the above construction cost by Defendant D.

【Defendant B, C: The fact that there is no dispute, Gap evidence 1 and 2, each entry, part of the witness K’s evidence (excluding the part not trusted in the front) and the purport of the entire pleadings, defendant D: the confession (Article 150(3) of the Civil Procedure Act)

2. According to the above facts of recognition as to the claims against Defendant C and D, Defendant C shall be the Plaintiff, and Defendant C shall be the remainder of the construction work (=42 million won - 30 million won), Defendant D shall be the remainder of the construction work (=43 million won - 34 million won), and each of them shall be served on the date following the date of service of a copy of the complaint of this case, which the Plaintiff seeks after the completion date of each of the construction work of this case ( Defendant C shall be the date following July 4, 2015; Defendant D shall be the 20% per annum from September 30, 2015 to September 30, 2015; and the next day shall be fully paid.

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