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(영문) 수원지방법원 2016.01.29 2015나6248
부당이득금반환 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. 1) D Co., Ltd. was the N in Macheon-si in the head office, from August 2, 2004 to April 12, 2006, and from April 12, 2006 to November 5, 2012, G was each the representative director (O and G are the form of punishment).

(2) Around November 2012, P decided to acquire D Co., Ltd. from G, etc., and G andO prepared a letter of intent to repay obligations, etc. that arise later.

3) On November 5, 2012, D Co., Ltd. changed its trade name to Q Co., Ltd., and moved its head office to Q Co., Ltd., and R was the representative director, and P was the auditor, respectively. 4) Q Co., Ltd changed its trade name on March 6, 2013 to B Co., Ltd. (former Defendant’s trade name).

B. The head office of S Co., Ltd. is N in Macheon-si as the above D Co., Ltd. from March 9, 201 to March 9, 2011, where the head office of G was the representative director, and O is the representative director from March 29, 2013.

C. On February 2012, 2012, the Plaintiff (former: Co., Ltd.) was awarded a contract with the 110,889,000 won (former: hereinafter “each of the instant works”) for the Maritime Works in Macheon-si (hereinafter “instant First Works”) for the 56,007,000 won ( modified amount) for the Maritime Works in Macheon-si (hereinafter “instant First Works”); and the PocheonF Small River Maritime Works (hereinafter “instant Second Works”); and 110,889,000 won (amended amount) for each of the instant works.

1) U, the representative director of the Plaintiff, proposed that the construction works of this case should be settled later at the time of requesting the construction works of this case from Macheon City, and that the subcontractor performed each of the construction works of this case according to the direction of G, etc., the representative director of the Defendant Company, which was the representative director of the Defendant Company. 2) The construction cost of the subcontractor was paid directly by the Plaintiff by issuing a tax invoice in the form of direct payment by the Plaintiff.

3 The Plaintiff paid the construction cost of each of the instant construction works through the accounts in the name of V, which is the head of the site office of each of the instant construction works, but among the subcontractor’s construction cost of each of the instant construction works as stated in the attached Form No. 3.

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