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(영문) 의정부지방법원 2017.10.18 2016가단34434
공사대금 지급명령
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 84,00,000 won and 6% per annum from January 5, 2017 to October 18, 2017.

Reasons

1. The parties' assertion

A. Under the guarantee of Defendant B, the owner of the building, and his children, Defendant C, the owner of the building, set the date, Doing, flooring, and flooring construction (hereinafter “instant construction”) among the new construction of Kimpo-si and four parcels of land (hereinafter “instant loan”) as KRW 90 million in the construction cost, and completed the construction upon ordering from F. The construction amount was increased by KRW 30 million in the amount of the construction cost.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 120 million.

B. The Defendants alleged by the Defendants did not directly subcontract the instant construction to the Plaintiff, and there is no obligation to pay the construction cost to the Plaintiff, on the grounds that the Defendants did not directly subcontract the instant construction to the Plaintiff, G, H to H, F to the Plaintiff, and F to the Plaintiff, and the Plaintiff did not pay the construction cost to the Plaintiff.

The Defendants paid the construction cost of KRW 20 million to G, and KRW 32 million to H, and thereafter, paid KRW 650 million to G, and it is unfair that the Defendants again paid the construction cost to the Plaintiff.

2. Facts of recognition;

A. The Plaintiff is a construction business operator, and Defendant B is the owner of the instant loan and four parcels of land, and Defendant C is the son of Defendant B.

The Defendants ordered G to undertake the construction work of the instant loan.

B. On June 10, 2014, a written subcontract was prepared stating that F will be awarded a subcontract for the instant construction work with the ordering person, I B, and I’s agent (in fact, the Plaintiff would have received re-subcontracts from I, borrowed I’s name to directly carry out the instant construction work, and the Plaintiff would have been stated in its convenience). Defendant B signed and sealed the said contract with the guarantor, and Defendant B sold 102,50,000,000 won of the instant loan, which will be newly constructed for the payment of the construction cost, to the Plaintiff on the same day.

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