손해배상(기)
1. The part of the claim for the confirmation of existence of lien among the lawsuits against Defendant D&C is dismissed;
2. Defendant.
Facts of recognition
The plaintiff is a company established on June 10, 2014 for the purpose of the production and sale of kimchi, and the representative director is C.
Defendant B entered into a service contract and additional agreement with respect to the construction of a factory and managed the funds by being delegated by Defendant B with the duties of new construction of a kimchi factory and loan brokerage, and Defendant LAWC Co., Ltd. (hereinafter “Defendant LAWC”) is a construction company that performed the Plaintiff’s construction of a kimchi factory through Defendant B (hereinafter “instant construction”).
C entered into a contract to purchase each land listed in Schedule 1 and 2 (hereinafter “instant factory site”) from D on June 7, 2014 (hereinafter “instant sales contract”) while the site to build a kimchi factory is in physical color.
C At the time of the conclusion of the instant sales contract, the remainder after paying the down payment shall be paid after the bank loan was made and the site of this case was transferred the ownership on July 8, 2014.
C established the Plaintiff following the conclusion of the instant sales contract.
C In order to raise funds for the construction of a factory after the establishment of the Plaintiff, the Defendant B was aware of the loan, but it was decided to delegate the construction contract for the construction of a factory and the business of banking loans to Defendant B, and concluded an agreement on all services accompanied by the completion of the factory by the completion of the factory (hereinafter “instant agreement”) with E Co., Ltd., a company actually operated by Defendant B (hereinafter “E”) with the service fees of KRW 50 million on July 26, 2014.
The main contents of the instant agreement are as follows.
After the conclusion of the instant agreement, C entrusted the Plaintiff’s corporate seal impression and corporate passbook to Defendant B and delegated the affairs related to the construction of a factory.
In the cooperation, the plaintiffs (A) and E (B) shall enter into an agreement on the necessary services until the completion of the factory of Gap as follows:
- - sound;
1. “A” shall be accompanied by “B”’s completion of the factory.