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1. The Defendant: 202,50,000 won to the Intervenor succeeding to the Plaintiff and 6% per annum from February 1, 2010 to November 26, 2013.
Reasons
1. The facts subsequent to the facts of recognition may be recognized by adding together the purpose of the entire pleadings to the statements or images of Gap evidence 1 to 4, Eul evidence 1, and Eul witness testimony.
The Plaintiff (hereinafter “Plaintiff”) is a person engaging in subcontracted construction business with the trade name “D”. The Defendant is a company engaging in soil construction business, housing construction business, etc., and the Plaintiff’s succeeding intervenor changed the trade name on July 27, 2010 from “E” to “B stock company.”
B. On November 1, 2009, the Plaintiff entered into a contract with the Defendant to subcontract the cost of construction to KRW 247,500,000 (including value-added tax) with the cost of construction (hereinafter “the first subcontract contract”), and the Plaintiff completed the said subcontract construction around January 201, 2010, by determining from November 6, 2009 to January 30, 201, the construction of household facilities and sales facilities located in the Yeongdeungpo-gu Seoul Special Metropolitan City F, which was ordered by the Intervenor succeeding to the Plaintiff.
C. On July 1, 2010, the Plaintiff entered into a contract with the Defendant to subcontract construction contract amounting to KRW 253,000,000 (including value-added tax) of construction contract amount to the amount of the construction contract (hereinafter “second subcontracted contract”) by determining on September 30, 2010 among the new construction works ordered by the non-party general construction company of the same subparagraph among the new construction works of the Yeongdeungpo-gu Seoul Metropolitan Government G Corporation (hereinafter “the second subcontracted contract”), and the Plaintiff completed the said subcontracted contract around September 2010.
Meanwhile, from July 1, 2009 to June 1, 2010, the Plaintiff was paid KRW 45,000,000 from the Defendant for the first subcontract construction cost three times.
E. On November 17, 2011, the Plaintiff: (a) designated the Defendant as the debtor, and C, the field manager of the Plaintiff’s succeeding intervenor, as the third obligor, with the claim for the remainder of the subcontracted construction work under Article 201Kahap993, the Incheon District Court Branch of the Incheon District Court as the claim; and (b) related to the construction of the above neighborhood living facilities and sales facilities.