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(영문) 대전지방법원서산지원 2017.10.17 2016가단50858

손해배상(기)

Text

1. The Defendant’s KRW 162,016,426 as well as 5% per annum from March 16, 2016 to October 17, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 2, 2013, the Defendant assumed office as the representative director of a limited liability company C (hereinafter “foreign company”).

Around January 22, 2014, a non-party company entered into a contract with the Jeju Regional Headquarters of the Korea Rural Community Corporation for the term of contract of KRW 442,56,890 (after that, the contract amount was increased to KRW 504,489,00) and the term of contract from January 22, 2014 to July 31, 2014.

B. Around January 2014, Nonparty Company and Nonparty Company are orally with the Plaintiff.

Of the construction works described in the subsection, the construction works for E, F, G, and H fishers (hereinafter “instant construction works”) were subcontracted.

Around July 2014, the Plaintiff and Nonparty Company drafted a written agreement with respect to the instant construction project as follows:

1. C 14% and A 86% allotment, excluding national reversions, such as total amount of insurance proceeds, etc.;

2. The Corporation shall bear only the substantial tax charges of C, the successful bid price difference of which is increased by the increase of the successful bid price difference (or consulting with certified tax accountants, if any).

3. It is urgent to collect funds to the extent that A immediately pays upon the receipt of the completion money from the original place of the order, as much as A has undertaken the construction without the down payment and the down payment.

(a) consent to the direct payment of costs, such as private aid materials, shall be obtained;

(b) cooperate with C to make payment without delay in line with the schedule for the establishment of a new account passbook and the receipt of completion money, and at least three (3) days without delay A may rescind this Agreement, and the ownership of equipment, etc. shall not be transferred.

C. On August 22, 2014, Nonparty Company received KRW 499,609,000 as the instant construction price from the Korea Rural Community Corporation’s Jeju Regional Headquarters.

The non-party company paid the Plaintiff KRW 22,000,000,000,000 to KRW 100,000 on August 25, 2014, KRW 22,000 on September 22, 2014, and KRW 10,000,000 on October 10, 2014.

On September 15, 2014, the Plaintiff made the instant construction cost of KRW 331,926,174 as the preserved bond to the Jeju Bank Co., Ltd.