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1. The defendant shall make the money recorded in the column for claim amount in the annexed sheet to the plaintiff (appointed party) and the remaining designated parties, as well as the money recorded in the annexed sheet.
Reasons
1. Circumstances leading to the dispute of this case;
A. The Defendant was awarded a contract from Jindo-do, Jindo-do, for “B Corporation” (hereinafter “instant construction”).
B. On May 29, 2015, the Defendant: (a) subcontracted the instant construction project to C in a lump sum by setting the subcontract price of KRW 1,151,850,000; and (b) A limited liability company E, a representative director of D, guaranteed C’s obligations under the said subcontract.
C. The Plaintiff (Appointed Party) and the remaining designated parties (hereinafter “Plaintiffs, etc.”) leased construction machinery, such as dump trucks, at the construction site of this case, at the time indicated in the attached Table column, at the request of those who were instructed by C or C, referred to as the Director of the On-Site of the instant construction site at the time indicated in the attached Table column, to the amount indicated in the attached Table column.
When leasing the above equipment, C’s employees at the construction site of this case confirmed that the equipment was leased to the work log, and entered the name of the company as the defendant.
On the other hand, the Defendant received a tax invoice issued by the Defendant from the supplier of equipment or goods at the request of C with respect to the cost of equipment or goods supplied at the construction site of this case. On September 25, 2015, the Defendant paid the Plaintiff (Appointed Party) KRW 6,584,00 on July 7, 2015, and KRW 960,000 on August 7, 2015 to the Selection Party F, respectively.
(The part which the plaintiff, etc. did not seek in the claim of this case).
C On May 11, 2016, upon receiving a request from the Defendant to suspend the instant construction work, the instant construction work was suspended by requesting the Defendant to the effect that “to receive KRW 750,000,000 for the subcontract price for the construction work implemented until that time,” and having ceased the construction work.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 1 (including each number), the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff C is the defendant's on-site agent related to the project of this case.