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(영문) 서울중앙지방법원 2020.05.29 2018가합585733

구상금

Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 511,982,411 and Defendant D from December 30, 2017 to December 12, 2018.

Reasons

1. Basic facts

A. Status 1 of the Parties was changed to F Co., Ltd. (hereinafter “Plaintiff”) on April 1, 2015.

A) The purpose of design, construction, operation, maintenance, and repair of information and communications networks and systems, electrical construction and pre-company design, supervision, maintenance, construction, and maintenance, etc. of electrical construction and pre-company companies. On March 21, 2014, the Seoul Central District Court rendered a decision to commence rehabilitation proceedings (2014 hap555) at the Seoul Central District Court (hereinafter “Seoul Central District Court”). On March 21, 2014, B’s representative director was deemed a custodian of the above rehabilitation company. On February 28, 2019, G was replaced by the manager of the above rehabilitation company, and the rehabilitation procedure was completed on April 28, 2020. Accordingly, G in the instant lawsuit, on April 22, 2019, G transferred the above rehabilitation company’s first custodian B, and the Plaintiff, on May 22, 202, transferred the above rehabilitation company’s G to order in succession without distinction between the Plaintiff and the Plaintiff (hereinafter “the Plaintiff”).

2) Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company with the objective of other non-ferrous metal manufacturing, metal and scrap processing, scrap metal export and import, waste disposal, etc., and Defendant D is the representative director of the Defendant Co., Ltd.

B. 1) The Defendant Company “project to build waste scrap metal resource recovery facilities” (hereinafter “instant project”) at Ansan-si, Ansan-si.

(1) In order to implement a loan agreement, the Defendant Company (hereinafter referred to as “Borrower”) having its head office registered in Gwangju Metropolitan City Mine-gu, Gwangju Metropolitan City, which had its head office registered in the same status as “Borrower” or “execution company”, was promoted in a manner that the Plaintiff performs its responsibility as a contractor. This agreement was concluded on December 10, 2013 between the following parties.

A person shall be appointed.

2. The lender who has the main office registered in Yeongdeungpo-gu Seoul Metropolitan Government L (hereinafter referred to as the "owner") 3.