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The Defendants jointly share KRW 104,754,103 with the Plaintiff and Defendant B with respect thereto from June 8, 2019 to September 8, 2020.
Reasons
1. Basic facts
A. On November 14, 2014, Defendant B registered the construction business under the trade name “D”, and Defendant C, as Defendant B’s spouse, performed the said business practice.
B. From April 1, 2016 to February 1, 2019, Defendant C served as a person responsible for electrical construction of E Company.
C. E Co., Ltd. entered into a subcontract for several electrical construction works with Defendant B (D), and the Plaintiff was sub-subcontracted for some construction works.
(2) As seen earlier, each construction work that the Plaintiff performed by re-subcontracted to the Plaintiff is “each construction work of this case.” There is a dispute as to who the other party to the sub-subcontract was the Defendants. Among them, the construction work that the Plaintiff issued a tax invoice with the Plaintiff as the recipient of the Defendant B
F GH I J K L L MN
D. On November 6, 2018, Defendant C entered into the instant agreement with the following content (hereinafter referred to as “instant agreement”).
A) The written agreement between the Plaintiff (Plaintiff) and B (Defendant C) promises to pay in order the remaining amount of the construction cost between them, to provide as security the right to sell the O (P) contract with the owner of B in order to observe the said commitment, and to deduct the construction cost paid prior to the registration from the total amount of the pleadings. (The facts that there is no dispute over the grounds for recognition, Gap's evidence Nos. 1, 6, Eul's evidence No. 1, 6, Eul's evidence No. 7, and 8, and the purport of the whole pleadings.
2. The parties' assertion and judgment
A. The Plaintiff’s assertion that the Plaintiff entered into a sub-subcontract to each of the instant construction works is Defendant B.
Therefore, Defendant B, as a party to the contract, is obligated to pay the unpaid construction cost for each of the instant construction works to the Plaintiff.
With respect to the unpaid construction costs of each of the instant construction works, the Plaintiff drafted the instant agreement by arranging the details of the relevant construction works and the payment of the pre-paid construction costs, and erroneously drafted the said agreement, KRW 15,219,897.