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(영문) 인천지방법원 2017.11.10 2017가합50859

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

(b) the facts of the basis;

A. The Plaintiff is a corporation that runs the waste collection and transportation business, intermediate disposal business, etc., and the Defendant is a person who served in the Treatment Construction Co., Ltd. (hereinafter “Treatment Construction”) from around 1977 to 2005 and served as a director in-house director from February 5, 2010 to August 31, 2012.

B. The construction was the start-up of the C Corporation, and the Space Industry Development Co., Ltd. (hereinafter “space Industry Development”) subcontracted the removal and the remainder disposal part of the said construction to the C Corporation.

C. On April 6, 2011, the Plaintiff entered into an agreement on the performance of participation in construction as follows with the content of re-subcontracting the aforementioned removal and re-subcontracting construction work from the development of the aerospace industry (hereinafter “instant removal”).

A contract shall be entered into between the development of the space industry (hereinafter referred to as "A") and the plaintiff (hereinafter referred to as "B") for the implementation of the contract as follows:

Article 1. 5 Contract Terms: Supply value of KRW 1,609,100,000 for supply value of KRW 1,609,100,000 for value-added tax* Contract bond of KRW 160,910,000 for value-added tax: Contract bond of KRW 300,000 for contract performance guarantee of KRW 40,000 for KRW 300,000 for contract performance must be submitted to 300,000 for contract deposit.

In the event that the construction project is not performed due to the reasons attributable to the special engineer Party A, or the construction is suspended or the amount of progress payment is not paid, the loan 300,000,000 won is returned in cash to Party B immediately, and the third obligor entered into a contract with Party B for the transfer of the claim for the unpaid progress payment after consultation with Party B when there is any act with Party A concerning the deferment of the provisional seizure and the payment of progress payment at the site.

On August 9, 2011, the Plaintiff agreed to amend the implementation agreement for the development of the space industry and the performance of the above construction as follows:

On April 6, 2011, the client for space industry development and the service provider for the removal and disposal of residual materials among C projects entered into between the Plaintiff and the development of space industry on April 6, 201 shall agree on the modified contract as follows: