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(영문) 서울동부지방법원 2015.09.01 2013가합16938
공사대금 등
Text

1. The plaintiffs' respective claims against defendant E are dismissed.

2. Defendant F is the Plaintiff’s KRW 58,000,000 and this.

Reasons

1. Basic facts

A. With respect to construction works for constructing H (hereinafter “instant construction”) between October 201 and March 2012 on the ground of the Party’s relationship, the Defendant F is a contractor for the instant construction works with the name of “I,” and the Plaintiff F is a contractor for the instant construction works, the part of the wooden Construction Work (hereinafter “Woo”) and the part of the reinforced concrete construction work, the Plaintiff C is a contractor for the reinforced concrete construction work, and the Plaintiff D is a contractor for the supply of bathing equipment products (hereinafter “each of the instant construction works”) required for the instant construction works.

Defendant E is a person who runs a real estate business or a new building construction and sale business under the trade name of “J”.

B. On December 5, 2010, Nonparty K entered into a construction supervision agreement and a building design agreement with the M of Nonparty L architect firms, and on April 8, 2011, Nonparty K entered into the instant construction project (hereinafter “the instant construction project”).

A) On April 10, 201, the date of commencement, April 10, 201, the date of completion, April 10, 2012, the amount of construction contract was set as KRW 1.5 billion, and K entered into a contract for construction works. 2) K filed a report on the commencement of the instant building with the Office of Military and Military Administration on April 8, 201, and received a certificate of completion of construction on April 11, 201.

3) The owner of the instant building was changed from K to Nonparty N on August 18, 201, and from January 13, 2012 to Defendant E, respectively. 4) The Plaintiffs performed each of the instant detailed construction works regarding the instant building between October 201 and March 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 7, 22 through 25 (including branch numbers; hereinafter the same shall apply), witness O's testimony, the purport of the whole pleadings

2. Determination as to the plaintiffs' claims against defendant E

A. Defendant E’s assertion 1 Plaintiffs made a contract for each of the instant detailed construction works jointly with Defendant F.

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