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(영문) 부산지방법원 2020.05.12 2018가단21735
공사대금
Text

1. Defendant D and G jointly and severally with the Plaintiff KRW 132,00,000,00 and the period therefor shall be from January 2, 2019 to May 31, 2019.

Reasons

1. Claim against Defendant D and G

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

b. Claim against Defendant B, C, E, and F

A. The Plaintiff’s assertion 1) The Plaintiff is jointly and severally liable to pay KRW 132,00,000 to the Plaintiff on September 15, 2018 with Defendant B, C, E, and F, who engages in the business of newly constructing, selling, or leasing real estate in the name of “H.” The Plaintiff concluded a heating and cooling equipment installation contract with the Plaintiff at KRW 132,00,000,000, and completed the supply and installation of the heating and cooling equipment. On August 31, 2018, the Plaintiff received a repayment notice from the said Defendants that the Plaintiff would pay KRW 132,00,000 for the goods by September 15, 2018. Therefore, the said Defendants are jointly and severally liable to the Plaintiff even if the said Defendants are not the parties to the said contract. The Defendants’ assertion by the said Defendants did not have a heating and cooling equipment installation contract concluded with the Plaintiff and the Plaintiff should be deemed the Defendant G.

The above Defendants did not lend the business name to Defendant G, and the Plaintiff knew that Defendant G was the party to the above contract, and thus the said Defendants do not bear any liability for the nominal lender under the Commercial Act.

B. 1) First, we examine the Plaintiff’s assertion that the Defendants are parties to the above installation contract and each letter of agreement. (A) The Plaintiff submitted as evidence a product sales contract (Evidence A1 and 5; hereinafter “instant contract”) and a performance angle (hereinafter “each letter of this case”) prepared to support the conclusion of the heating and cooling installation contract with the said Defendants, and thus, it is acknowledged that the Plaintiff added the whole purport of the pleadings to the respective statements in the health class and Eul’s evidence Nos. 1 and 12 (including the serial number; hereinafter the same).

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