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(영문) 대전지방법원논산지원 2016.05.18 2015가합144

보증금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 22, 2007, the Plaintiff entered into a construction contract with C Co., Ltd. (hereinafter “C”) on a contract for construction work with the content of awarding D facility work amounting to KRW 3.6 billion. In this case, the Defendant entered his name and resident registration number on the side of the lower end of the contract and affixed his seal thereto.

(E) The Plaintiff’s actual operator also signed and sealed the Plaintiff’s seal. (B)

The defendant was not a director registered in the corporate register of C at the time, but some of the D equipment patents held by C was an inventor.

(F) The representative director of C at the time is also the inventor of some patent).

On January 24, 2008, the Plaintiff drafted a new construction contract with the Korea Environment and Resources Corporation (Korea Environment and Resources Corporation) with the content that the construction cost shall be increased to KRW 4.5 billion, and on May 30, 2009, the Plaintiff drafted a modified contract with the content that the construction cost shall be reduced to KRW 4.16 billion and the construction period shall be extended.

However, there is no signature or seal of the defendant on these two amendments contracts.

around February 2009, the defendant was appointed as C's internal director, and around September 2009, F was appointed as C's representative director on the date of resignation of representative director.

On March 2014, the defendant resigned from the office of representative director and assumed office as representative director of G limited company. At that time, the patent right C had been transferred to G limited company through the defendant.

F was appointed again as the representative director of C around March 2014.

[Ground] Evidence Nos. 1-6, Eul's Evidence No. 3, witness E's partial testimony, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1C, while entering into the instant contract, agreed to set up and set up a 100 cubic meters of 100 cubic meters of 100 cubic meters of 130 cubic meters of 75 cubic meters of breadth, and thus, the Plaintiff was obligated to compensate the Plaintiff for the damages incurred by the Plaintiff due to

The amount of damages is.