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Reasons
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(영문) 부산지방법원 2018.10.04 2018가단8480
공사대금 등
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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. In full view of the reasoning of the evidence No. 3, Defendant B is the representative director of Nonparty E Co., Ltd. (hereinafter “Nonindicted Company”), and Defendant C is the internal director of Nonparty Co., Ltd., and Defendant D can recognize the fact that the external auditor of Nonparty Co., Ltd. was the external auditor.

2. The parties' assertion and judgment

A. The parties’ assertion 1) The Plaintiff’s construction of Busan Shipping Daegu F and the 6th floor size of 6th floor (hereinafter “new construction of this case”).

In relation to the Defendants, on August 25, 2014, the Defendants borrowed KRW 50,000,000 from the Plaintiff as construction cost. The Defendants around that time borrowed 10 fire doors among the new construction works in the instant case to the Plaintiff (hereinafter “instant subcontracted construction”).

(2) Although the Defendants were awarded a subcontract amounting to KRW 61,00,000 for the construction cost, they did not pay only KRW 40,374,90 on June 15, 2015 for the remainder of the construction cost. The Defendants jointly and severally are liable to the Plaintiff to pay the Plaintiff a total of KRW 90,374,90 for loans and the remainder of the construction cost, and damages for delay thereof. (2) The Defendants borrowed money from the Plaintiff, and the Plaintiff borrowed money from the Plaintiff, and the Defendants did not borrow money from the Plaintiff, nor concluded a subcontract contract between the Plaintiff and the Plaintiff.

B. The evidence Nos. 1 through 18 alone is insufficient to acknowledge that the Defendants borrowed money from the Plaintiff or concluded the instant subcontract construction contract with the Plaintiff, and there is no other evidence to acknowledge the Plaintiff’s assertion.

3. According to the conclusion, the Plaintiff’s claim against the Defendants is all dismissed as it is without merit. It is so decided as per Disposition.

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