(영문) 인천지방법원부천지원 2014.07.16 2013가단45855

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(영문) 인천지방법원부천지원 2014.07.16 2013가단45855

기타(금전)

Text

1. The defendant shall pay to the plaintiff KRW 173,61,290 as well as to the day of complete payment from the delivery date of the original copy of this judgment.

Reasons

1. Facts of recognition;

A. On April 9, 2002, the Plaintiff: (a) contracted construction works on the F-Ground Building in Incheon Sipo-gun; and (b) filed a lawsuit against Nonparty Company seeking compensation for damages due to the defect in the said construction works on November 7, 2003, the Suwon District Court Asan Branch Decision 2003Kahap4362.

B. Around October 2004, D transferred the shares of the non-party company without notifying G of the fact that the above lawsuit is pending.

C. On May 28, 2005, the above court rendered a decision in lieu of conciliation that "the defendant (the non-party company) shall pay the plaintiff KRW 150 million, which shall be divided to pay KRW 50 million on July 31, 2005, September 30, 2005, and shall be paid KRW 50 million on December 31, 2005," and the above decision was finalized on June 2, 2005, and the plaintiff was ordered to seize the non-party company's construction mutual aid association's right to request delivery of investment certificates, etc. on August 23, 2005.

On March 27, 2006, the non-party company (representative G) remitted KRW 50 million to the Plaintiff, and paid KRW 50 million to the Plaintiff by June 30, 2006 in relation to the decision of compulsory adjustment of the instant case, but if delayed, the non-party company (representative G) prepared a loan certificate stating that "in addition to KRW 1.5 million per month." At the time, the Defendant, etc., who had the vice president of G and the non-party company, guaranteed the non-party company's debt.

E. Nonparty Company paid to the Plaintiff KRW 5 million on February 16, 2007, and KRW 5 million on March 30, 2007.

[Grounds for recognition] Class A, Class B, and the purport of the whole pleadings

2. The defendant's judgment on the defendant's main defense is alleged to the effect that the plaintiff has no standing to file the lawsuit in this case, but there is no evidence to prove the defendant's above assertion, and the defendant's above assertion

3. On the basis of determining the cause of the claim.

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