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(영문) 창원지방법원 2018.01.18 2016가단114340
공사대금
Text

1. Defendant B Co., Ltd. is KRW 30,700,000 and the interest rate of KRW 15% per annum from November 13, 2016 to the date of full payment.

Reasons

1. Claim against Defendant B corporation

(a)as shown in the reasons for the attachment of the claim;

B. Article 208 (3) 2 of the Civil Procedure Act of the judgment to recommend confession

2. Determination as to the claim against Defendant C

A. The plaintiff's argument that the plaintiff's plaintiff Eul-gu Dispute Resolution Co., Ltd. (hereinafter referred to as "B") is a company that constructed the "D neighborhood life and urban-type residential housing" located in Northern-gu, Busan, and the plaintiff entered into a subcontract with the defendant B and the above construction cost of KRW 37,000,000 (Additional Tax) for the construction work.

Since Defendant B did not pay KRW 30,700,000 out of the above construction cost, Defendant C is the owner of the building site above and the owner of the above construction project who is jointly and severally liable to pay the above amount to the Plaintiff with Defendant B.

B. As to the issue of whether Defendant C is jointly and severally liable for the payment of the construction cost payable to the Plaintiff with Defendant C, it is not sufficient to acknowledge the facts stated in the Plaintiff’s evidence Nos. 1 and 5, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s assertion is without merit.

C. Thus, the plaintiff's claim against the defendant C is dismissed as it is without merit.

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