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(영문) 대전지방법원 2018.05.10 2017가단18146
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a company established on November 21, 2007 for the purpose of electrical construction business and the manufacture, sale, export and import business, specialized fire-fighting business, and communications product sales business, and C is a person registered as the Defendant’s representative director and internal director from February 21, 2012 to June 26, 2013 and from June 26, 2013 to September 11, 2013.

In addition, D (it was registered as the only internal director of the defendant from September 11, 2013 to October 6, 2014) registered as the representative director of the defendant from June 26, 2013 to September 11, 2013, and December 30, 2014, as the defendant's representative director, is C's children, and E is registered as the defendant's only internal director from October 6, 2014 to December 30, 2014.

B. On August 19, 2009, the Defendant completed the registration of ownership transfer on the ground of sale on June 25, 2009 with respect to the three-story neighborhood living facilities and detached houses buildings on the Seo-gu Daejeon, Seo-gu, Daejeon, Daejeon, and completed the registration of change due to the above extension on August 13, 2014 after obtaining approval for use from the competent Gu office on August 8, 2014 by extending the above building to four-story neighborhood living facilities and multi-family houses buildings on the ground.

(hereinafter referred to as the "building of this case" in this case.

원고는 2014. 8. 중순 이후부터 이 사건 건물의 일부에 대한 창호나 샷시, 판넬 공사 등을 하였다. 라.

C around January 29, 2015, around January 29, 2015, the Plaintiff, as the Defendant’s representative, prepared a lease agreement with the Plaintiff and the lessor as the Plaintiff, regarding KRW 60,000,000 of the instant building, from January 29, 2015 to January 28, 2017 (However, the lessor column of the said contract stated the Defendant’s representative director as “E” rather than D, and also stated E’s name in the form of receipt of down payment). The said agreement is the Plaintiff’s account deposit within KRW 85,00,000,00 as the top priority where the instant building is leased.

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