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1. The Defendant: KRW 9,00,000 to the Plaintiff (Appointed Party); KRW 10,051,448 to the Selection C; KRW 10,000,00 to the Selection D; and
Reasons
1. Facts of recognition;
A. On April 2013, Defendant (former FF Co., Ltd.) received supply of and demand for G construction from Mapo-si, and subcontracted the said construction of reinforced concrete (hereinafter referred to as “instant construction”) to Masung Development Co., Ltd. (hereinafter referred to as “Mapo-si Development”), and Daepo-si Development Co., Ltd. (hereinafter referred to as “Mapo-si Development”) respectively.
B. The designated parties D and the designated parties E (hereinafter collectively referred to as the “Plaintiffs”) put construction machinery into the construction site of this case from July 2014 to October 2014, respectively, and constructed household facilities.
C. On October 2014, Masung Development suspended the instant construction work and demanded the Defendant to settle down the accounts.
Accordingly, on November 2014, the Defendant settled the construction price for the part of the instant construction works, which was executed by Ssung Development as of the base date of October 2014, with regard to the instant construction works as of the end of October 2014.
(hereinafter referred to as "the settlement of this case") D.
Around November 2014, the Defendant concluded a subcontract for the instant construction with H Co., Ltd. (hereinafter “H”) and had H perform the remaining construction work. Moreover, on November 21, 2014, the Defendant paid KRW 3,600,000 to Plaintiff D and KRW 8,000,000 to Plaintiff E, respectively.
E. The Plaintiffs put construction machinery into the instant construction site from November 25, 2014 to January 15, 2015, and constructed a dismantling facility.
F. Thereafter, on January 22, 2015, H paid KRW 1,005,145 to Plaintiff C, KRW 1,000,000 to Plaintiff D, KRW 1,50,000 to Plaintiff E, and KRW 900,00 to Plaintiff A, respectively.
[Reasons for Recognition] Facts without a partial dispute, Gap evidence 6, Eul evidence 2 and 3, each of the statements in Gap evidence 2 and 3, witness I, J's each testimony, witness K and L's testimony (other than the parts not trusted after each); the purport of the whole pleadings
2. Assertion and determination
A. The Defendant used construction machinery to the Plaintiffs.