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(영문) 부산지방법원서부지원 2020.11.26 2019가단3132
공사대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff KRW 29,172,00 and Defendant B with respect thereto from May 8, 2019, and Defendant C with respect to the said amount.

Reasons

Basic Facts

The plaintiff is a corporation that is engaged in the manufacturing and manufacturing of steel structure, and the defendants are joint operators of the joint business that carries on interior and construction business.

From August 2017 to March 2019, the Plaintiff was performing the construction work after receiving sewage from the Defendants for the manufacture and installation of metal presses for the 20th glass among the interior works, including each burial of “D” supplied and supplied by the Defendants.

The contract for the said construction work was not written between the Plaintiff and the Defendants. After the completion of the construction work of each branch, the Defendants paid the construction cost in the way of paying the amount of the estimate as it is or partially adjusting the amount after examining the quotation received from the Plaintiff.

The plaintiff has issued a tax invoice corresponding to the price determined.

From January 29, 2019, the Plaintiff

2. By December 27, 200, the Defendants performed the production and installation of metal presses for the glass installation of D’s “flick glick glick glick gl” and “Tgu glcheon glick gl

(B) The Plaintiff issued to the Defendants a written estimate (No. 2, No. 2, No. 1, and No. 4) for the total construction cost of the instant construction work, which is KRW 68,090,000.

On March 22, 2019, the Plaintiff received KRW 20 million from the Defendants, and then appropriated KRW 387,000 among them to E work price as of November 24, 2018, and appropriated the remainder of KRW 19,613,00 for the work price of the instant construction.

On March 22, 2019, the Plaintiff issued a tax invoice (including value-added tax amount of KRW 19,613,000) on March 22, 2019 and a tax invoice (including value-added tax) on March 31, 2019 to the Defendants.

[Reasons for Recognition] A, A’s evidence 1-2, A’s evidence 2-1 through 4, A’s evidence 3-1, 2, A’s evidence 4, A’s evidence 5-1, 2, and B’s evidence 5-2, witness F’s testimony, and the purport of the entire pleadings, and the Plaintiff’s assertion by the parties to the instant construction.

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