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(영문) 서울동부지방법원 2015.08.28 2014가합13417

양수금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

The parties concerned Defendant E is a person who actually contracted the construction of “GMoel” constructed on the land outside the “F of the Chungcheongnam-gun budget group,” and Defendant B, C, and D (hereinafter “Defendant D, etc.”) is the owner of the instant Moel’s name.

H Co., Ltd. (hereinafter “H”) was awarded a contract for the construction of the instant telecom by Defendant E.

I was employed respectively as a representative director from March 22, 2010 to September 12, 2013, and as an internal director from September 7, 2009 to March 17, 2015.

The Plaintiff is in office as a manager from December 12, 2012 to the present date. The Plaintiff received the claim for the construction cost of the instant telecom from H.

On September 20, 2012, H entered into a construction contract with Defendant E and “H shall construct the instant cartel, and Defendant E shall pay KRW 1,870,000,00 (including value-added tax; hereinafter the same shall apply) as the construction cost.”

(A) On February 5, 2013, H drafted a construction contract agreement (Evidence 1; hereinafter “instant contract”). The revised contract for construction works, with Defendant D, etc., to the effect that “H constructs the instant telecom by August 15, 2013, and Defendant D, etc. will pay KRW 2,222,00,000 to the construction cost.” (Evidence 2; hereinafter “the first modified contract”).

H, on the same day, written three copies of the construction contract (A evidence 3-1, 2, 3, hereinafter “second modified contract”) stating that “H shall build the instant telecom by July 30, 2013, and Defendant D, etc. shall pay KRW 715,00,000,00 each as the construction price.”

H Around May 2013, around December 10, 2012, written a construction contract agreement (No. 4; hereinafter “third amendment agreement”) with Defendant D, etc., stating that “H shall construct the instant Moel by June 20, 2012, and Defendant D, etc. shall pay KRW 1,883,200,00 as construction cost.”

H’s angles and performance angles of H on April 5, 2013 to Defendant E on May 24, 2013.