기타(금전)
1. The part of the judgment of the court of first instance against the defendant shall be revoked.
2. The plaintiff's claim as to the above cancellation part is dismissed.
1. Basic facts
A. On April 9, 2002, the Plaintiff: (a) contracted the construction work for the F-ground Building F in Incheon Cheongjin-gun to E Co., Ltd. (former trade name: C Co., Ltd.; hereinafter “Nonindicted Company”); (b) filed a lawsuit against Nonparty Company on November 7, 2003, seeking compensation for damages arising from the defect of the said construction work under Suwon District Court Decision 2003No4362, Jun. 7, 2003.
B. Around October 2004, D, the representative director of the non-party company, transferred the shares of the non-party company to G without notifying G of the fact that the lawsuit was pending. G was appointed as the representative director of the non-party company on October 13, 2004.
C. On May 11, 2005, the above court rendered a decision substituting conciliation that "the non-party company shall pay to the plaintiff KRW 150,000,000,000, which shall be paid in three installments, each of which shall be 50,000 won on July 31, 2005, September 30, 2005, and December 31, 2005, respectively. When the non-party company delays the above payment, it shall pay the unpaid amount plus damages for delay calculated at the rate of 20% per annum from the day after the date of each payment to the day of full payment (hereinafter "the instant decision of compulsory conciliation"), and the above decision was finalized on June 2, 2005.
The non-party company did not perform its obligation under the compulsory adjustment order of this case, and the plaintiff was ordered to seize and deliver the non-party company's right to claim the delivery of investment certificates against the construction mutual aid association by Sungwon District Court 2005TTT3044 on August 23, 2005 based on the original copy of the compulsory adjustment order of this case.
E. On March 27, 2006, Nonparty Company remitted KRW 50,000,00 to the Plaintiff’s account under the Plaintiff’s name. On the same day, Nonparty Company prepared a loan certificate stating that it would pay KRW 50,00,000 to the Plaintiff by June 30, 2006 (hereinafter “instant loan certificate”). At the time, Nonparty Company’s representative director G and Defendant, the vice president of Nonparty Company, etc., were jointly and severally guaranteed the said debt.
The non-party company is KRW 50,000,000 until June 30, 2006 to the Plaintiff.