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(영문) 광주고등법원 2018.06.22 2017나13501
공사대금
Text

1. The judgment of the first instance court is modified upon the claim modified by this court as follows.

The defendant is against the plaintiff.

Reasons

1. Basic facts

A. A. Around October 2010, the Plaintiff et al. established and the Defendant’s first-friendly net C (hereinafter “the deceased,” and the Defendant et al., collectively referred to as “Defendant et al.”) requested D to allow D to gratuitously use the land of this case 3,175 square meters (hereinafter “instant land”), which is owned by the Defendant, and to establish and operate two corporations using the instant land as the location of the principal office.

Accordingly, on November 26, 2010, D established the Plaintiff with the location of the headquarters of Gwangju Mine-gu F and in-house directors, the deceased, G as G, and the auditor as H. On the same day, D established two corporations, the Defendant, the representative director of the Gwangju Mine-gu I, the Defendant, and the company director of the Defendant as J, and the auditor as D, and operated two corporations.

B. The written claim of this case was drafted in November 2015 as follows (hereinafter “instant written claim”). At the bottom, the wording of (1) and (2) was written in a different pen.

[Won] -G: Won 40,940,00 - J: Won 36,559,950-D: Won 2,100,000: A promise to deposit on November 5, 2015 (Won 2,100,000)

(B) will be arranged on November 11, 2015.

C. On April 21, 2017, the assignment of claims D, G and J (hereinafter both of them collectively referred to as “D, etc.”) entered into a contract between the Plaintiff and D, etc. on the aggregate of KRW 79,59,950 (i.e., KRW 40,940,000, KRW 36,559,950, KRW 210,000) with respect to the Defendant under the instant claim, and notified the Defendant of the fact of the assignment of claims by content-certified mail on the same day.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 8, 23-26, Eul evidence No. 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The parties' assertion 1) The defendant is the plaintiff and K (hereinafter "the plaintiff et al.") with D et al.

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