채무부존재확인
1. The notary public F belonging to the Daejeon District Prosecutors' Office against the Plaintiff of Defendant B, prepared on May 16, 2017.
1. Determination as to a claim for objection
A. The facts of recognition (1) Defendant C is the actual operator of Defendant B Co., Ltd. (hereinafter “B”), Defendant D is the head of Defendant B, and Defendant E is the head of Defendant C’s wife, and is the inside director of Defendant B.
(2) On July 11, 2016, G Co., Ltd. entered into an agreement with Defendant B and H electric power house installation works at the cost of KRW 4.84 billion. The Plaintiff was the head of G Co., Ltd.’s site.
Defendant B commenced construction around July 11, 2016, but discontinued construction around September 2016, and Defendant C and D claimed that Defendant B suffered damages from the said construction, and demanded the Plaintiff to compensate for such damages. Thus, there was a conflict between the Plaintiff and the Plaintiff.
(3) On April 29, 2017, Defendant C and D received and stored the instant construction materials for improving the performance of the company owned by Nonparty C and D (hereinafter “instant construction materials”) from the Plaintiff, who is the site manager of L Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), the main company of K performance improvement at the J plant located in Asan-si, Busan-si (hereinafter “Nonindicted Co., Ltd”), the market price of which is equivalent to KRW 269,227,00, from the Plaintiff, around May 13, 2017.
(4) Around May 15, 2017, Defendant C instructed Defendant C, an employee of the company, to deliver to the Plaintiff the phrase, “I will not remove the construction materials unless the construction cost at the same time is adjusted,” to the effect that it is difficult for the instant construction materials to immediately use substitute materials with high-priced import materials, and that if the power plant operation is delayed due to the delay in construction due to the lack of processing and supply due to the manufacture of the instant construction materials, Defendant C would charge the Plaintiff with compensation for delay equivalent to KRW 300 million per day, and that “I will not remove the construction materials unless the construction cost at the same time is adjusted.” Defendant D would be urged by threatening the Plaintiff by accepting this.
(5) In accordance with the above mother.