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1. Of the judgment of the first instance court, Defendant D and E equivalent to the following amount ordered to be paid:
Reasons
1. Basic facts
가. 당사자의 지위 1) 원고는 토목건축공사업 등에 종사하는 회사로서 2013. 5. 8. 서울회생법원 2013회합85호로 회생절차개시결정을 받았다가 2017. 8. 3. 회생절차종결결정을 받았다. 2) H 주식회사(이하 ‘H’이라 한다)는 철근콘크리트 공사업 등을 영위하는 회사이다.
3) Defendant D is a bond company, Defendant E is a de facto manager of H, and Defendant F is a representative director of H. Defendant G is a person who holds office as a management director of H under the agreement between Defendant D and E for the purpose of recovering Defendant D’s claim against Defendant E, and actually manages H’s funds. B. Conclusion of a subcontract) The Plaintiff was awarded a contract from Defendant I for the construction of new construction of J, K, K, and MBL, respectively.
The Plaintiff and H entered into each subcontract with respect to reinforced concrete construction during the said construction as listed below [Attachment 1].
(2) On December 13, 2012, from December 13, 2012 to November 30, 2014, the Plaintiff and the Plaintiff received the aggregate of the contract period of reinforced concrete works (including value-added tax) from 30.0 on April 15, 2013 to 30 on April 15, 2013, from 30 on April 10, 2013, from 2013 to 30 on April 15, 2013, from 30 on April 15, 2013, from 30 on April 10, 2013 to 30 on April 15, 2013, the Plaintiff and the Plaintiff received the aggregate of the construction period of reinforced concrete works (two tools) from 30 on April 15, 2013 to 30 on November 629, 2014; 10 on March 13, 2013 to 4.18.
) A subcontract was concluded by setting a subcontract, and the construction period on August 30, 2013 changed from July 4, 2013 to March 31, 2014 (hereinafter “instant case”).