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(영문) 수원지방법원 2015.08.12 2014가단20475
도급대금
Text

1. The bankrupt C Co., Ltd., the receiver D of the defendant rehabilitation company C Co., Ltd., is the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a business operator who engages in the contracting business, such as manufacturing, with the trade name of “F,” and the rehabilitation company C is a company that engages in the manufacturing business of automobile parts in G in emulation, and the “H” runs the manufacturing business, assembly and processing business, etc. at the same place as the above rehabilitation company with Defendant B, the manager of the above rehabilitation company D, as the business operator of the above rehabilitation company, and at the same time, D actually operated the above H by using a name stating the title as the representative of H.

B. C Co., Ltd. was subject to a decision to commence rehabilitation procedures on March 15, 201 (U.S. District Court 201 Gohap10), and the rehabilitation plan was authorized on July 11, 2012, and D was appointed as a custodian of C Co., Ltd. on March 15, 2011. On August 13, 2014, C Co., Ltd was declared bankrupt by Suwon District Court 2014Hahap599 on the same day when the decision to discontinue rehabilitation procedures becomes final and conclusive.

C. Around October 2012, the Plaintiff and the manager D of C Co., Ltd. of the rehabilitation company agreed to put the Plaintiff’s workers into the said company to perform the contract for the construction of automobile parts, etc., and confirmed the contract amount on the basis of the number of actual employees employed each month as of the 25th day of each month. If the Plaintiff claims the contract amount as of the last day of each month, the manager D agreed to pay the contract amount by the 15th day of the following month, and accordingly, the Plaintiff performed the contract for the construction of automobile parts at the factory of the said rehabilitation company C Co., Ltd. from November 2012 to May 2013, and the contract amount arising each month following the said agreement was determined.

D, however, the amount incurred from November 2012 to February 2013, 2013 out of the above contract price by the rehabilitation company C Co., Ltd. was suffering from monetary difficulties, and it was proposed that the amount would be paid at H which it actually operates under the delegation of all the powers from Defendant B. The Plaintiff accepted it and the amount became final and conclusive from November 2012 to February 2013.

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