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(영문) 서울남부지방법원 2015.03.27 2014가단60679
공사대금 등
Text

1. Defendant B shall pay 20,090,000 won to the Plaintiff and 20% per annum from February 19, 2015 to the day of full payment.

Reasons

1. Determination as to the claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment by public notice: Articles 208(3)3 and 257 of the Civil Procedure Act;

2. Determination as to the claim against Defendant C

A. The Plaintiff’s assertion that the Defendants contracted the Non-head and waterproof Corporation of the building (owner: Defendant C) that was newly constructed on the land of Defendant C, and the Plaintiff acquired the claim against the Defendants from the said company, and that Defendant C is jointly and severally liable to pay the construction cost.

B. There is no evidence to support that Defendant C awarded a contract with Defendant C for the construction work, and there is no evidence to support that Defendant C does not merely pay the construction cost on the ground where the building is located or on the ground that it is the owner of the building, and otherwise there is no evidence to support that Defendant C is liable for the debt to Defendant C Co., Ltd.

C. The Plaintiff’s claim against Defendant C is unfair, and it is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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