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(영문) 수원지방법원 2014.12.12 2013가단103212
손해배상금등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On June 25, 2010, the Plaintiff entered into a contract with Defendant A Co., Ltd. (hereinafter “Defendant Company”) under which the Plaintiff would make and deliver Spain 59,400,000 won (including value-added tax) among solar power generation works in the mountain mountain, mountain, and sewage treatment plant (hereinafter “instant contract”) with the Defendant Company, and completed the production and supply under the said contract.

B. After that, upon the Defendant Company’s request for additional supply, the Plaintiff rendered each additional supply of KRW 1,650,000, around July 30, 2010, as well as KRW 847,000, around August 21, 2010.

C. The Plaintiff received respectively payment of KRW 15,00,000 from the Defendant Company, around September 20, 2010, and KRW 28,111,132, and KRW 1,300,000 around April 21, 201.

Defendant B’s representative director, Defendant C’s inside director, and Defendant D’s auditor of the Defendant Company, and Defendant Company closed its business on December 23, 201.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6 (including additional numbers), Eul evidence 2-2, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff did not receive 45,597,000 won [2,00 won (1,650,000 won) - (15,000,000 won) - (15,300,000 won) and 28,111,132 won paid around September 20, 2010, from the Defendant Company as the price for supply to other construction sites, not the instant contract.]

B. However, Defendant B, C, and D are the representative director, directors, and auditors of the Defendant Company, and ① serve as the director or representative director of Nonparty E (hereinafter “Nonindicted Company”) operating the same kind of business as that of the Defendant Company, and only distributed to the operation and profit-making of the Nonparty Company. ② Accordingly, even if the Defendant Company entered into the instant contract with the Plaintiff, it did not have the intent or ability to pay the price, and thereafter, the Defendant Company’s assets are Nonparty.

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