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(영문) 서울중앙지방법원 2015.05.13 2014가합25455

공사대금등

Text

1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 473,200,00 and the interest rate thereon from June 11, 2014 to the day of full payment.

Reasons

1. Basic facts

A. On August 10, 2010, Jinjin Comprehensive Construction Co., Ltd. (hereinafter “Ginjin Comprehensive Construction”) contracted with Defendant Company for construction of a logistics warehouse on the ground of brigade C (hereinafter “instant land”) to the contract price of KRW 14,371,50,000 (excluding value-added tax). On September 10, 201, the part of the construction of reinforced concrete was subcontracted to the Plaintiff as the contract price of KRW 550,00,000.

B. The Gyeongjin Construction was not paid the construction price of this case by the Defendant Company at all, and accordingly, the Plaintiff did not receive the payment for the completed portion from the Gyeongjin Construction.

The plaintiff discontinued the construction on June 2013, and around that time, the construction cost is KRW 473,200,000 (excluding value-added tax).

(c) An advanced comprehensive construction is currently insolvent.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 11, 15 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the facts of recognition as to the claim against the Defendant Company, the Defendant Company is obligated to pay the Plaintiff the amount of KRW 473,200,000 per annum 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 11, 2014 to the day of full payment, which is the day following the delivery of a copy of the complaint, to the day of full payment.

3. Determination as to the claim against the defendant B

A. The plaintiff's assertion that the defendant company has the external form of a legal entity, but it is merely merely taking the form of a legal entity, and in substance, the defendant B abused the defendant company's legal entity in light of the dominant position of the defendant B and the awareness of the transaction partner.

Accordingly, Defendant B is the Defendant Company.