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(영문) 창원지방법원 2015.08.11 2015가단581

공사대금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 35,490,000 won and each year from November 12, 201 to January 16, 2014.

Reasons

1. The following facts may be acknowledged as either a dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 through 9:

On June 23, 2010, the Plaintiff received part of the judgment in favor of the Plaintiff (hereinafter referred to as the “instant judgment”) stating that “the Plaintiff shall pay the Plaintiff (the Plaintiff in this case) 35,490,000 won and its interest rate of 20% per annum from November 12, 201 to January 16, 2014, for the purpose of producing and selling bean products (hereinafter referred to as “G”) after receiving a contract for the said construction work, and filed a lawsuit against G on the ground that the said construction work was completed, but the payment was not paid in full,” and that “the said judgment became final and conclusive on January 16, 2014,” which became final and conclusive on June 3, 2014.

B. According to the articles of G’s articles of incorporation, G provides that one representative director, three or more directors, and one auditor shall be appointed by the resolution of the general meeting. Defendant E is the representative director of G, Defendant B, C, and F shall be directors, and Defendant D shall be auditors.

2. Determination

A. The plaintiff of the parties asserts that G applies mutatis mutandis the provisions concerning associations under the Civil Act pursuant to the Act on Fostering and Supporting Agricultural and Fisheries Enterprises, while G is a for-profit corporation and the plaintiff is also a merchant. Thus, the defendants who are members of G are jointly and severally liable with G to pay the plaintiff the amount of judgment in this case.

The Defendants are liable for the instant judgment amount, which is separate from that of the Defendants. Since the Defendants are not members or merchants of G, the Defendants are not jointly and severally liable for the instant judgment amount. The Defendants, as members of G, are liable for the instant judgment amount.

참조조문