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(영문) 서울남부지방법원 2017.04.07 2016가단23483
도급비
Text

1. As to the Plaintiff’s KRW 20 million and KRW 6.5 million among them, the Defendant shall pay to the Plaintiff KRW 20 million from April 8, 2014, and KRW 6.5 million.

Reasons

1. Facts of recognition;

A. On July 5, 2013, the Defendant entered into an agreement with C (hereinafter “C”) on the participation in construction with respect to “margurative construction works” performed by Daesung Construction Co., Ltd. and DS Integrated Construction Co., Ltd. (hereinafter “C”) on the following terms:

- Contract scope: 13 apartments, 13 Dongs, and all the attached Dongs - Contract amount: 6 billion won - The scope of construction works shall correspond to the site descriptions and special articles issued by the prime contractor (DS Comprehensive Construction Company).

- Period: From July 5, 2013 to August 30, 2014

B. The Plaintiff carried out the figures from November 1, 2013 to the 13th day of the same month and performed the work by entrusting the above mold work.

C. On March 7, 2014, the Defendant paid KRW 20 million to the Plaintiff for the cost of preserving personnel expenses for the said work, and the amount of KRW 6.5 million among them shall be KRW 6.5 million until April 7, 2014, and KRW 6.5 million until the same year.

5. up to July, the remaining seven million won for the same year.

6. The plaintiff shall pay by July, and the defendant shall not be held liable for any civil or criminal liability to all interested parties, including the defendant's affiliated company and the original office building, and the defendant is not the defendant's individual but C, and the defendant is indicated as "B" as the party to the first written agreement (Evidence No. 4) agreement on behalf of the defendant's management director status, but the defendant's individual is indicated as "B". Article 3 of the agreement distinguish between the defendant and the defendant's company from all interested parties, including the defendant's affiliated company and the original office building, "the plaintiff shall not be held liable for any civil or criminal liability". The indication of "B" as the party to the agreement at the bottom is written as "B", and the name of "B" is written as "management director B", and the defendant's seal is affixed, but it is not affixed with "C".

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