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(영문) 대전지방법원 2016.06.15 2014가합108816

손해배상(기)

Text

1. Defendant (Appointed Party) and Appointed Co., Ltd. B, C, and D shall jointly serve as KRW 113,840,000 for the Plaintiff and the Plaintiff.

Reasons

1. Basic facts

A. The status of the parties is as follows: B Co., Ltd. (the current trade name was changed from July 15, 2009 to E, which was changed to the current trade name on February 17, 2010; hereinafter “B”) is the executor of the Jung-gu Daejeon Special Metropolitan City F apartment Construction Corporation (hereinafter “instant construction”); Defendant (the appointed party; hereinafter “Defendant”) is a person who actually operated G Co., Ltd. (hereinafter “G”) and its affiliate designated parties B and H (hereinafter “H”); the appointed party C is from September 27, 201 to September 24, 2005; and the appointed party D is a representative director of B from September 5, 2005 to August 24, 2007.

B. On March 20, 2008, the Selection B contracted the instant construction to H with the price of KRW 6 billion. 2) On October 2, 2008, H subcontracted the Plaintiff with the terms as follows: (a) the instant construction works were subcontracted to the Plaintiff on October 2, 2008; and (b) the instant construction works were subcontracted to the Plaintiff with the following content:

(1) The construction period is from October 3, 2008 to March 31, 2009. (2) The construction period is from October 3, 2008 to March 31, 2009. < Amended by Presidential Decree No. 1,010,000,000 won (excluding value-added tax) (3) The payment of the construction cost is made in cash or in bills in accordance with the nature from the two months after the commencement of the construction. The 60% of the construction cost is paid as the substitute after completion) The Plaintiff continued the construction work of this case from October 3, 2008 to the completion of the construction work of this case, and even H was suspended from the progress of the construction work of this case on or around December 10, 208; Presidential Decree No. 2750, May 20, 2009; Presidential Decree No. 20050, May 20, 2009.

2 Selected B on October 21, 2009, “The Plaintiff entered into the instant subcontract and December 10, 2008” to the Plaintiff on December 21, 2009.