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(영문) 서울중앙지방법원 2015.05.14 2014가단5229811

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion has a claim for construction cost of KRW 76,570,00,00, which was not received from each other’s sub-sub-sub-sub-sub-subconcing company, D and E (hereinafter referred to as the “non-sub-subvening company”) operated by the Defendant’s wife C.

The Defendant, as the husband of C and the representative of F Co., Ltd., who acquired the business of the above E, promised to pay the above construction cost directly to the Plaintiff, and accepted or guaranteed the above debt overlappingly.

2. The written evidence Nos. 2-4 (including additional numbers) alone is insufficient to acknowledge that the Defendant was taking over or guaranteed the payment of the construction price obligations of the non-party company for the non-party company, and there is no other evidence to prove otherwise.

(1) The Plaintiff’s claim on March 3, 200 is not accepted. (3) The Plaintiff’s claim on the following grounds: (a) the Defendant appears to have presented funds by selling real estate located in Jincheon-gun to the effect that he would cooperate to the maximum extent possible with the Nonparty Company to repay the above construction price obligations; (b) however, there