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1. Defendant B’s KRW 138,302,080 as well as 5% per annum from September 1, 201 to February 24, 2014 to the Plaintiff.
Reasons
1. Determination on the determination of parties to a contract and the cause of the claim
A. The Plaintiff’s assertion 1) The Plaintiff was awarded a subcontract for steel framed, etc. among the construction works of Namyang-si, Nam-si, E commercial building A, and B, which Defendant B contracted by Defendant B. On or around April 201, the Plaintiff changed the subcontracted construction work and was awarded a subcontract for the replacement of board materials, window frying construction, and elevator framed construction work at KRW 138,302,080 (hereinafter “the instant alteration work”).
Therefore, Defendant B shall pay the said construction cost to the Plaintiff. If Defendant B was not a party to the said construction contract, but the owner of the said construction contract acting on behalf of Defendant C, Defendant C must pay the said construction cost to the Plaintiff. (2) Since Defendant B’s assertion that the Plaintiff entered into an additional construction contract around April 201, the part regarding which the Plaintiff entered into the construction contract with Defendant C was entered into an agreement with the Plaintiff, Defendant B is not obligated
3) In light of the following circumstances acknowledged by Defendant C’s assertion that Defendant C gave a contract for the entire construction work to Defendant B, and that Defendant C subcontracted part of the construction work to the Plaintiff, Defendant C is not obligated to pay the construction cost to the Plaintiff. 4) In light of the evidence (including evidence Nos. 2, 3, 4, 5, evidence No. 5, evidence No. 5, evidence Nos. 1, B, 2, 3, 4 (including paper numbers), witness F, G, and H), it is reasonable to deem that Defendant C gave a contract to the Plaintiff for the instant alteration work, in view of the overall purport of the pleadings, and the overall purport of the argument is as follows:
(B) Defendant B subcontracted to the Plaintiff the parts of the steel frame, board, window, and metal construction among the instant construction works.
On October 9, 2010, the Plaintiff issued a quotation of KRW 343,714,380 to Defendant B with respect to the said construction work. Around December 22, 2010, the Plaintiff also granted a quotation of KRW 443,828,390 to Defendant B.
C. On February 201, the Plaintiff transferred to Defendant C and the instant modification work.