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(영문) 대전지방법원홍성지원 2017.08.09 2016가단8145
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The status of the parties is a company that operates tourist-use facility business, resort condominium business, etc., and Defendant B joined the Plaintiff on September 24, 2008 and was the head of the management planning office, who was in charge of the affairs of taxation, accounting, etc. in the Plaintiff from December 13, 2009 to June 30, 2013. Defendant C, from August 24, 2009 to August 28, 201, was in charge of all kinds of payments, such as the payment of construction cost, various taxes and public charges, and payment, and accounting affairs.

B. The Plaintiff’s interest in arrears 1) The Plaintiff’s contact with A Tourism Development Projects and ancillary facilities construction work (hereinafter “instant construction work”).

2) The indication of “stock company” or “stock company” or “stock company” or “stock company” is omitted.

(2) Around August 2012, the court below filed a suit for payment of construction cost claim against the Plaintiff by Sungwon District Court Branch Branching 2012Gahap9900, and received a partial winning judgment on January 7, 2015. In the appellate court decision on July 21, 2016 (Seoul High Court 2015Na6205) (Seoul High Court 2015Na6205), the winning amount of Shee Construction and Master Construction, the contractor, was reduced to the first instance court, and the above appellate court decision became final and conclusive around that time. (2) In the above final and conclusive judgment, Article 28(1) of the construction contract of this case provides that “the contractor shall prepare a statement of claim for completion according to the progress rate based on the construction specifications every two months after the commencement, and submit it to the Plaintiff within 14 days after the date of the contractor’s request, and the Plaintiff shall not pay the difference within 20 days after the date of completion of the inspection.”

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