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(영문) 대전지방법원 2020.11.25 2018가단230646

손해배상(기)

Text

1. Defendant F shall pay KRW 99,00,000 to the trustee in bankruptcy, who is a trustee in bankruptcy, who is a trustee in bankruptcy, A, a debtor in bankruptcy, and this shall apply.

Reasons

1. Facts of recognition;

A. A (hereinafter referred to as “A”), Plaintiff C (hereinafter referred to as “Plaintiff C”), and Plaintiff D (hereinafter referred to as “Plaintiff D”) are all the representatives of companies with the aim of establishing and operating solar power plants, and Defendant E (hereinafter referred to as “Defendant E”) is a company engaging in services related to civil engineering works and permission for development activities at solar power plants, and Defendant F is the representative of Defendant E.

B. The following design service contracts are each service contracts between A, C, and Plaintiff D with Defendant E, and between Defendant E to provide various services for solar power generation projects:

1) On June 2, 2018, the contractor’s contract date and service amount (A, A, 181,00,000,000, H on November 3, 2017, 18, the contractor’s contract date and service amount (H, on November 3, 2017, 18, 71,50,500,000 Gangwon-gun, I, the J, on February 22, 2018, 25, 200,000 Gangwon-gun, Hongsung-gun, Hongsung-gun, 15,00,00,00 Hongnam-gun, Hongsung-gun, 25, 200 June 25, 2018.

C. The Defendant: ① KRW 9,00,000 in total as down payment and intermediate payment (=2,50,000 + KRW 76,500 + KRW 76,000) in relation to the business site of Bosung-gun; ② Plaintiff C paid the down payment of KRW 35,200,000; ③ Plaintiff D paid the down payment of KRW 27,50,000,000, respectively.

A under the name of each buyer, the Bool City and the head of Hongsung Gun, and the plaintiffs C and D jointly filed an application for permission to engage in development activities for each solar power generation room with the head of Yeongdeungpo Gun, but all of them were returned.

E. Defendant F, the representative of Defendant E, agreed on October 17, 2018 to return design service charges related to the business site of Boan City.

(A) No. 8 (Evidence A). (f) On February 18, 2019, during the instant lawsuit, A was declared bankrupt by this Court 2018 Gohap7061, and was declared bankrupt, B, a trustee in bankruptcy of the Plaintiff, a trustee in bankruptcy, a trustee in bankruptcy of the Plaintiff, a debtor in bankruptcy, B, a trustee in bankruptcy, is deemed to be the Plaintiff B, a trustee in bankruptcy.