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(영문) 광주지방법원해남지원 2016.09.22 2015가단21636

구상금

Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall be KRW 68,00,000 and its payment shall be from December 4, 2015 to the date of complete payment.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company engaged in the manufacture and construction business of solar-powered facilities. Defendant C is a person who actually operates Defendant B, Defendant D is a father of Defendant C, Defendant B’s inside director, and Defendant E is the regular director of Defendant B.

(No. 1, 2, and 2). (b)

On June 17, 2014, the Plaintiff and Defendant B agreed to reduce the construction cost to KRW 482,00,000 by reducing the scale of solar power facilities and changing the installation location of solar power facilities at KRW 500,000,000 (hereinafter “instant construction contract”).

C. Under the instant construction contract, Defendant B commenced construction work on January 2015 and completed construction work on March 12, 2015, and the Plaintiff paid KRW 211,978,076, which was a part of the total construction cost of KRW 482,00,00 (Evidence 5-1, 2), Defendant B’s creditor, Dong corporation, Dong corporation, Dong corporation, Inc., Ltd., (hereinafter “Dong Dong”) and UN Es Construction (hereinafter “NS Construction”), as indicated in the following table, served each provisional attachment order on Defendant B’s claim for construction payment against the Plaintiff (hereinafter “each provisional attachment order of this case”).

(A) Nos. 6-1, 3, and 7-1, 7-3 of the evidence Nos. 6-1, 50,580,000 of the price for the goods 80,580,000 of the Busan District Court 2015Kadan137 of the Provisional Attachment Order No. 2015Kadan137 of the Daejeon District Court on March 13, 2015, the provisional attachment order No. 2015Kadan137 of April 7, 2015, 19

D. The Plaintiff intended to deposit the construction cost upon receipt of each of the instant provisional attachment orders, but at the request of the Defendants.