beta
Text
1. The Plaintiff:
A. Defendant C, D, and E jointly share KRW 400 million and KRW 200 million from September 1, 2013; and KRW 200 million from October 2013.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company established for the purpose of waste collection and transportation business, building removal business, etc.
Defendant B (hereinafter “B”) was a company established for the purpose of building business, and as of June 3, 2013, Defendant C and D were co-representative directors, and Defendant E were auditors.
B. The Plaintiff, instead of paying KRW 200 million as performance guarantee, will receive the right to remove the factory site of the Winter Special Timber Industry and the right to implement waste disposal works within 45 days, etc., and concluded a contract for removal and waste disposal works with Defendant B around June 3, 2013.
(hereinafter “instant removal contract”). Accordingly, the Plaintiff transferred the total of KRW 200 million, including KRW 30 million around June 3, 2013, and KRW 170 million around June 4, 2013, to the bank account in the name of Defendant B.
C. After July 24, 2013, the Plaintiff compensates for total of KRW 200 million on the day when the instant removal contract was not implemented until August 30, 2013 from Defendant C, D, and E, and KRW 200 million on the day thereafter.
hereinafter referred to as the "instant agreement" is called the "instant agreement."
‘Written Evidence Nos. 3(A) was written. D.
However, at the time of the removal contract of this case, Defendant B did not have any funds to purchase the factory site and factory buildings of the Dongyang Special Timber Industry up to approximately KRW 24 billion, or had no intent or ability to acquire the removal construction right or waste disposal construction right.
E. Defendant C’s representative director of Defendant B was prosecuted for committing the crime of deceiving the Plaintiff’s representative director F by deceiving the said KRW 200 million in connection with the instant removal contract, and was sentenced to the judgment of conviction on November 17, 2016 (Seoul District Court Decision 2016Da594).
F. The Plaintiff rescinded the contract for removal of this case by serving a duplicate of the complaint of this case on the grounds of Defendant B’s nonperformance of obligation.
【Ground of recognition】 A dispute has occurred.