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(영문) 대전지방법원 천안지원 2021.03.30 2020가단107151
공사대금
Text

1. Defendant J shall pay to Plaintiff A KRW 12,00,000, KRW 7,520,000 to Plaintiff B, and KRW 18,680 to Plaintiff C Co., Ltd.

Reasons

1. Determination as to the claim against Defendant I

A. Defendant I’s assertion is the owner and owner of Pyeongtaek-si K site, and the Plaintiffs are the subcontractors who concluded a subcontract with Defendant J and completed each subcontracting work.

Therefore, Defendant I is jointly and severally obligated to pay the subcontract price to each of the plaintiffs with Defendant J.

B. According to the plaintiffs' assertion, since the party who entered into each subcontract with the plaintiffs is defendant J, the evidence submitted by the plaintiffs alone is insufficient to recognize that defendant I, a building owner, bears the obligation to pay the price directly to the plaintiffs, and there is no other evidence to acknowledge this.

The above assertion by the plaintiffs is without merit.

2. Determination as to the claim against Defendant J

(a)in addition to the indication of the claim;

(b) Article 208(3)2 and the main text of Article 150(3) of the Civil Procedure Act (a judgment deemed a confession) of the applicable legal provisions;

3. In conclusion, the plaintiffs' respective claims against the defendant J are justified, and all of them are accepted. Since each claims against the defendant I are without merit, they are dismissed in entirety. It is so decided as per Disposition.

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