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(영문) 청주지방법원 2020.05.29 2018가합4458
손해배상(기)
Text

1. Of the instant lawsuit, the part of the claim against Defendant B is dismissed.

2. The Plaintiff’s Defendant C, D, and stock company.

Reasons

1. Basic facts

A. The parties 1) The Plaintiff is a company running the automobile parts manufacturing business, etc., and the Plaintiff is the F Co., Ltd. as its subsidiary company (hereinafter “F”).

(2) At present, the representative director of the above two companies is G. 2) Defendant D Co., Ltd. (hereinafter “Defendant D”) changed the trade name to H on August 17, 2017, and the representative director is Defendant B from February 2016 to September 2017. Defendant B worked as a general management director from October 2015 to September 2017.

3) Defendant C was the children of the Plaintiff’s representative director G, and was the Plaintiff’s director from March 2002 to July 2018, 2018, and was the F’s representative director from January 2008 to March 2017. From February 2016, Defendant E Co., Ltd. (hereinafter “Defendant E”) (hereinafter “Defendant E”) was a company operating the construction business, etc., and carried out the remodeling construction work of Defendant C’s I building (hereinafter “I building”).

B. A contract for a construction project between the Plaintiff and Defendant D, etc. (i) The Plaintiff set the construction cost as KRW 550 million between Defendant D and the construction cost as between October 26, 2016, and the Plaintiff’s construction cost as KRW 550 million between the Plaintiff and Defendant D, and the Plaintiff was newly built in Jincheon-gun, Jincheon-gun, Jincheon-gun, Chungcheongnam-do

) A contract for construction works to be executed by Defendant D with the content of complementary construction works and completion works (hereinafter “Seoul Factory Construction Contract”).

2) Defendant D completed the registration of a factory by reporting the completion of the establishment, etc. of the factory under the Industrial Cluster Development and Factory Establishment Act on Nov. 12, 2017.

3) Meanwhile, on November 2, 2016, the Plaintiff paid Defendant D the construction cost of the said Jincheon Factory, KRW 30 million, and KRW 220 million, respectively, on January 13, 2017. (c) Defendant D paid Defendant D the remainder of KRW 100 million. Defendant D’s subcontracting contract related to the Jincheon Factory Construction (i.e., a subcontract contract related to the Jincheon Factory Construction) on October 19, 2016.

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