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1. The defendant shall jointly and severally with the non-party B Co., Ltd. to KRW 113,078,00 and its amount from February 1, 2013 to February 2015.
Reasons
1. Facts of recognition;
A. The Defendant obtained permission for the construction of a new building on the land outside C and one parcel, and entered into a construction contract on the above ground so-called “instant construction contract” with the non-party B Co., Ltd. (hereinafter “B”).
B. The defendant delivered the defendant's certificate of the personal seal impression issued by the defendant to non-party B, and a copy of the defendant's resident registration certificate to non-party B's director Eul.
C. On August 9, 2012, E, together with the above documents received from the Defendant, drafted a subcontract construction contract form with the Defendant, B, contractor, and the Plaintiff, and the construction cost of which are KRW 130,000 between the Plaintiff and the Plaintiff with respect to machinery and equipment works among the aforementioned new construction works.
(hereinafter referred to as “instant subcontract construction contract”). After the conclusion, the parties entered into an additional contract with the amount of additional construction cost of KRW 33,078,000 regarding the instant subcontract construction contract, and the Plaintiff completed the instant subcontract construction work on January 2013.
The Defendant changed the owner of the instant construction work to Nonparty F, and F completed registration of ownership preservation on February 21, 2013 in relation to the new building.
E. The Plaintiff received only KRW 50,000,000 among the total construction cost of the instant subcontract in 163,078,000, and did not receive the remainder of KRW 113,078,000.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The Plaintiff asserted that the Defendant is a party to the instant subcontract construction contract, and sought payment of the unpaid construction cost against the Defendant. Accordingly, the Defendant arbitrarily prepared the instant subcontract construction contract by using a certificate of personal seal impression issued by B to cooperate in the sale of land. As such, the Defendant did not have any obligation to pay the price.
According to the above facts of recognition, the defendant is the case to B.