beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. B Co., Ltd. (hereinafter “Nonindicted Company”) entered into a contract for construction works with the Macro Industry Development Co., Ltd. (hereinafter “Macro Industry Development”), which newly constructs the Macro ste ste ste ste ste ste ste ste ste ste ste ste ste ste ste ste ste ste ste ste c on the ground of Ansan. On February 23, 2009, the Plaintiff completed the construction works of the steel structure among the above construction works on a subcontract with the 446,600,000 won from the Macro Industry Development, and completed the additional construction works that amount to KRW 11,00,000 from the Nonparty Company, and eventually the Plaintiff’s construction price was KRW 217,60,000 (= KRW 446,600,1100,2400,000).
B. Accordingly, on October 19, 201, the Plaintiff filed a lawsuit against the non-party company in Suwon District Court, and the above court rendered a judgment that "the non-party company shall pay to the Plaintiff 217,60,000 won and 20% interest per annum from December 25, 2009 to the date of full payment (the principal lawsuit), 2009, 4673 (the principal lawsuit), 201, 1424 (Counterclaim))]. The non-party company appealed against this and the withdrawal of the above appeal was made on June 23, 2012 (Seoul High Court Decision 201Na10130 (the principal lawsuit), and the above judgment became final and conclusive as it is.
C. Meanwhile, on June 4, 2008, the non-party company was established for the purpose of leasing film sets. The defendant, from October 2008 to October 20, 2008, engaged in the warehouse leasing business under the trade name of "D", and changed the type of business to the film set lease business on July 14, 201.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1-1 and 2, the purport of the whole pleadings
2. Determination as to the cause of claim
A. The gist of the Plaintiff’s assertion is not only the Defendant concurrently uses the trade name of D and the non-party company, but also uses the phone number and the Internet homepage of the non-party company, and the non-party company operates the same kind of business at its existing business