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Reasons
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(영문) 수원지방법원 2015.06.25 2014가단25562
공사대금
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1. As to the Plaintiff’s KRW 4,80,000 and each of the said money, Defendant (Appointed Party), Appointed C, and D shall be from May 1, 2013.

Reasons

1. The parties' assertion

A. The Plaintiff entered into a contract with the Defendant for the supply of typry works and tools for the construction of the 5th floor E-ground buildings with the Defendant and the supply of goods for the supply of typry works and tools in the cost of KRW 60 million.

The Plaintiff received 31 million won out of the construction price from G, which is the F and the construction site manager ( KRW 50 million on January 4, 2013, KRW 400,000 on January 9, 2013, KRW 500,000 on January 12, 2013, KRW 500,500 on January 17, 2013, KRW 400,000 on February 7, 2013, KRW 100,000 on May 10, 201) and failed to receive the remainder of KRW 29,000.

However, the F died on February 17, 2014, and the Defendant, Appointor C, and D succeeded to F’s child.

(1/3 of the shares in inheritance) Therefore, the defendant, the appointed parties C, and D are liable to pay to the plaintiff each amount of KRW 9,666,666 (29 million/3) and damages for delay.

B. It is true that the Plaintiff and the Defendant F entered into a contract for contract and construction work between the Plaintiff and the Plaintiff, but the Plaintiff is merely a nominal lender and H is a party to a substantial contract, and thus, the Plaintiff cannot respond

Moreover, H filed an application with F for a payment order of KRW 2 million against F on January 2014, and the Defendant and the designated parties did not object to the payment order on March 4, 2014, after F died, upon receiving a payment order on or around March 4, 2014, and the promise not to claim any more money from the Plaintiff and H.

Even if it is not so, the authenticity of the construction contract submitted by the Plaintiff cannot be recognized, and there is no evidence to prove that the contract price is KRW 60 million.

In addition, F and G shall be KRW 86,442,00,000 for the construction cost claimed by the Plaintiff in excess of KRW 60,000 as claimed by the Plaintiff, KRW 15 million on November 29, 2012, KRW 2,1250,00 on November 30, 2012, KRW 780,00 on April 5, 2013, KRW 920,00 on April 10, 2013, KRW 872,00 on May 23, 2013, KRW 200,000 on May 10, 2013, KRW 30,000 on June 11, 2013, KRW 300,000 on August 6, 12013, KRW 3036,500,000 on July 14, 2014; and

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