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(영문) 부산지방법원 2014.11.13 2012가단109503
합의금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 13, 2010, the Plaintiff entered into a construction contract with Defendant B with respect to the construction of the 2nd floor building ( neighboring residential facilities and housing) on the ground of the Jeju-si D (hereinafter “instant construction project”) with respect to the construction cost of KRW 160,170,000 (including additional tax), January 11, 2010, and March 31, 2010 (hereinafter “instant construction contract”), and subsequently performed the construction work.

B. Defendant C completed registration of preservation of ownership on the completed new building on June 1, 2010.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 6 and 7, the purport of the whole pleadings

2. Claims as to the cause of the claim and judgment

A. 1) The Plaintiff asserts that the Plaintiff is jointly and severally liable to pay the remainder of KRW 4,1250,000,000 (i.e., KRW 95 million - already paid KRW 62,000,000,000) out of the construction cost of the instant construction work that the Plaintiff directly performed to the Plaintiff among the instant construction works, as the owner of the instant construction contract concurrently and jointly ordered the instant construction work under the instant construction contract. Based on the premise that Defendant B subcontracted the instant construction work to the Plaintiff, Defendant C contracted the instant construction work to Defendant B, and Defendant C subcontracted it to the Plaintiff, the Plaintiff asserted that the remainder of the construction work was suspended on March 20, 201 and completed the construction work by subrogation of the Plaintiff’s claim for payment of KRW 90,000,000,000,000,000,000,000,000,000,000).

B. First of all, the Defendants, in full view of the purport of the entire pleadings in each entry of the evidence Nos. 1-1 to No. 3-3 of the evidence No. 1-2.

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