구상금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Facts of recognition;
A. C (the trade name was changed to the trade name as of July 25, 2013 through F, D, M, N, and E, Co., Ltd.; hereinafter “C”) is a company whose purpose is to engage in reinforced concrete construction business, etc., and the Defendant is a company that engages in real estate development and sale business, etc., and the Plaintiff was registered as C’s representative director from July 11, 201 to November 29, 2012.
B. On September 201, the Defendant awarded a contract to C for a new construction of the H multi-household housing (hereinafter “instant construction”) on the ground of Jeonju-si G and Jeonju-si I (hereinafter “each of the instant lands”).
On March 27, 2012, the Defendant and C changed the construction cost of the newly built multi-household housing at G on the previous week to KRW 522,250,000,000,000 and the scheduled completion date of completion of construction works on April 30, 2012, and the construction cost of the newly built multi-household housing at G on the previous week to KRW 54,450,00 and the scheduled completion date of construction works on December 31, 2012, respectively.
C. C, while carrying out the instant construction, was supplied with concrete from Geumsan Co., Ltd. (hereinafter “Grasan”), and was unable to pay the price of KRW 32.8 million, and the Defendant jointly and severally guaranteed C’s obligation for the price of goods with the above KRW 32.8 million for Geumsan (hereinafter “instant goods payment obligation”).
The Geumsan, on March 28, 2012, issued a provisional attachment order by this court 2012Kadan915 with respect to each of the instant lands with the claim for the price of goods as the preserved right, and on April 17, 2012, filed an application for compulsory auction of each of the instant lands with the above court J on April 17, 2012, and accordingly, the decision to commence compulsory auction of each of the instant lands was entered on the same day.
E. On April 27, 2012, the total amount of KRW 32,80,000 was transferred from the Jeonju Credit Union account under the Plaintiff’s name to the pre-Korean Bank account under the name of Geumsan, and Geumsan revoked the above provisional seizure on the same day, and withdrawn the application for compulsory auction of the said real estate.
【Ground for recognition” has no dispute, and Nos. 1 to 4.