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(영문) 제주지방법원 2018.10.11 2017가합12888

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 2, 2003, C Co., Ltd. (hereinafter “C”) (hereinafter “C”) had been subcontracted by the Defendant (trade name before the alteration; D) on the third and third lots of land outside Jeju city, and had been performing construction work on the land of the building building of the condominium (hereinafter “the subcontracted construction in this case”), but did not receive a total of KRW 354,664,286 (hereinafter “the construction price in this case”), including overdue interest equivalent to 0.1% per day, which is the interest rate for the construction cost and the compensation for delay, and thus, it suspended the subcontracted construction in this case and urged the Defendant to pay the said money through the peremptory notice on September 8, 2004 (hereinafter “instant peremptory notice”).

B. The Plaintiff, a real operator of C, filed a complaint against F, etc., which was the representative director of the Defendant at the end of September, 2004.

On April 7, 2006, while the investigation of the above complaint case was underway, F prepared an agreement with the Plaintiff stating that “the content of the agreement” shall be paid within seven months from the date of the preparation of this case, and on the same day, the Plaintiff shall not be punished by F.” On the same day, the Plaintiff and F. A notary public drafted a law firm’s certificate with respect to the above documents.

C. Around June 10, 2005, the Plaintiff demanded G to pay the instant construction cost to G, which was the representative director of the Defendant, and G proposed that G will transfer 40% of the Defendant’s shares in lieu of the interest accrued up to that time, and the Plaintiff acquired 40% of the Defendant’s shares from G on September 2, 2005.

The amount of a written note of payment: 1,365,060,000 won: The defendant, on April 6, 2013, promises to comply with the following provisions with respect to the amount not paid out of the expenses incurred in relation to the payment with the plaintiff:

1. The above amount shall be paid by the date of payment;

2. Where the payment is not made by the due date, overdue interest (0.1% per day) shall be additionally paid from the following day to the date of full payment.

4. Date of payment.