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(영문) 수원지방법원 2017.07.20 2016가단509392

손해배상(기)

Text

1. Defendant B’s KRW 33,900,000 to Plaintiff (Appointed Party) and its related thereto from August 16, 2010 to July 20, 2017.

Reasons

1. Basic facts

A. On August 16, 2013, Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) filed a lawsuit claiming damages against Plaintiff (Appointed Party) and Appointed D, and the Plaintiff (Appointed Party) filed a lawsuit claiming construction cost as a counterclaim against Defendant Co., Ltd on October 30, 2013.

[The District Court 2013 Gohap17981, 2013 Gohap24026 (Counterclaim)].

On January 28, 2015, Defendant B, a director of the Defendant Company, was sentenced to a suspended sentence of two years for six months due to the fact that the Plaintiff (Appointed Party)’s private document was modified and exercised, and that it was proved in the above civil procedure.

(C) The above criminal judgment became final and conclusive on May 26, 2016, 2016. (2015Do16173) 201. (3) 201. (3) 201. (2) 201. (3) 201. (3) 201.

On April 24, 2015, the Suwon District Court rendered a judgment that "the defendant company, the plaintiff (appointed party) shall pay 45,515,692 won to the defendant company, and 5% interest per annum from September 17, 2013 to April 24, 2015, and 20% interest per annum from the next day to the date of full payment, and the Appointor shall jointly and severally with the plaintiff (Appointed party) to pay 22,00,000 won among the above money and 22% interest per annum from September 17, 2013 to April 24, 2015, and 20% interest per annum from the next day to the date of full payment."

The Plaintiff (Appointed Party) A, the Appointed D, and the Defendant Company filed each appeal in respect of the above civil procedure, and the conciliation was concluded on June 13, 2016 from Seoul High Court (2015Na202576, 2015Na2025783, Counterclaim).

1 By July 15, 2016, Defendant Company A; 30,000,000, and 22,000,000,000,000 of the aforementioned money jointly and severally with Plaintiff (Appointed Party) A; and 22,00,000,000, if any, shall not be paid within the respective payment period.