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(영문) 광주지방법원 2020.02.06 2019나2229
공사대금 등
Text

1. Of the judgment of the court of first instance, KRW 3,37,296 against the defendant (appointed party) and its related thereto were from May 18, 2018.

Reasons

1. Basic facts

A. On May 1, 2017, E Co., Ltd. entered into a contract for construction works with the Defendant’s private business chain F and Mineyang-si G Corporation (hereinafter “instant construction works”). As to the contract amounting to KRW 99,000,000 (hereinafter “instant contract for construction works”), E entered into a contract for construction works (hereinafter “instant contract”).

B. 1) The Plaintiff (Appointed Party, hereinafter “Plaintiff”) is a party to the subcontract.

(2) On May 6, 2017, the Appointed Co., Ltd. (hereinafter “Appointed Co., Ltd”) concluded a subcontract for part of the instant construction with I on May 6, 2017 as a person operating a personal business entity “H”, and entered into a subcontract for electrical construction between the instant construction and I on May 6, 2017.

3) On May 2017, 2017, the Appointor D was a person operating a personal business entity called “J” and concluded a subcontract agreement with I for part of the instant construction project (hereinafter collectively referred to as “each of the instant contracts” with I.

C. (1) The Plaintiff and the designated parties completed the construction work under each of the instant contracts.

2) From the Defendant, the Plaintiff received KRW 2,760,00 from the Defendant; KRW 2,00,000 from the Selected; KRW 6,150,00 from the Appointed; and KRW 6,150,00 from the Appointed. [Grounds for Recognition] There is no dispute, Party A 1, 6, 12, 14, and 18 certificates (where there is a serial number, including the number; hereinafter the same shall apply).

each entry, the testimony of the witness I of this court, and the purport of the whole pleading

2. Summary of the parties' arguments;

A. The Plaintiff and the designated parties concluded each of the instant contracts and completed the construction upon request from I who represented the Defendant.

Therefore, the defendant is obligated to pay the payment of the construction cost to the plaintiff and the selected parties.

B. The Defendant stated that the name of the business owner is necessary to perform the instant construction work by being awarded a contract by the ordering person.

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