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1. The part against Defendant B among the judgment of the first instance, and the part against which Defendant C ordered payment in excess of the amount under the following subparagraphs.
Reasons
Basic facts are based on the Plaintiff’s ground construction business with the trade name “F” in the Dong-gu, Nam-gu, Chungcheongnam-gu, and the Defendants are co-owners of the Dong-gu, Chungcheongnam-gu (hereinafter “instant real estate”).
Co-Defendant D of the first instance trial (hereinafter referred to as “D”) has overall control over the interior works of the instant real estate.
D around October 2012, 2012, the Plaintiff requested another construction work on the instant real estate, and the Plaintiff performed another construction work on the instant real estate from November 18, 2012 to November 30, 2012.
The construction cost is the total of KRW 17,285,40 on November 19, 2012, KRW 8,969,40 on November 30, 2012, KRW 17,285,40 on November 30, 2012.
On the other hand, H, the first floor lessee of the instant building, paid KRW 4,000,000 to the Plaintiff on December 18, 2012.
【In the absence of dispute, the Plaintiff’s assertion of the parties to the determination as to the existence of a claim as to Gap’s evidence Nos. 1, 285,400 won (=17,285,400 won-4,000 won) paid against the Defendants.
As to this, the Defendants asserted that: (a) the Plaintiff is the person who requested the construction work to the Plaintiff; (b) the Defendants are not liable for the payment of the construction cost; and (c) the Defendants are not liable for the payment of the partial construction cost as requested by H, the lessee, and (d) the Defendant C paid the Plaintiff KRW 5.4 million with the construction cost, and KRW 3.5 million with the Plaintiff.
According to the above facts, although the Plaintiff was requested by D to perform a different construction work on the instant real estate, according to the overall purport of the statements and arguments stated in the evidence Nos. 3 and 4, Defendant C may, around November 2012, lease the instant real estate with the completion of the construction work, as soon as possible.