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(영문) 인천지방법원 2018.05.09 2017가단208545
공사대금
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. From February to December, 2013, Defendant C served as a director of Plaintiff D (hereinafter “D”) and performed duties, such as recruiting member stores.

Defendant C’s mother, on October 3, 2013, operated “F store” (hereinafter “F store”) in Ansan-si, Inc., and Defendant B operated “H store” (hereinafter “H store”) to Defendant C’s employee who worked with Defendant C, on November 15, 2013.

B. Around October 2013, the Plaintiff, at the time of D’s collaborative company, was the Human Data Service Corporation of the FE, and around November 2013, the Human Data Service Corporation of the H Point.

[Ground of recognition] 1-3 and 14 evidence (including paper numbers; hereinafter the same shall apply), the fact-finding response to D Co., Ltd., the purport of the whole pleadings

2. The Plaintiff’s assertion is the party who entered into a contract for interior construction between the Plaintiff and the FE under the name of Defendant A and B while operating FE and H points.

Defendant C paid KRW 70,000,000 out of the 103,633,000 of the construction cost of the F Point, and KRW 40,00,000 out of the 62,348,000 of the H Point construction cost.

Therefore, Defendant C shall pay the Plaintiff the outstanding amount of the F Point construction cost of KRW 70,000,000 and KRW 40,000 of the outstanding amount of the construction cost at H Point, and Defendant A and B shall pay the outstanding amount of the construction cost at each point jointly and severally with Defendant C, as each business owner, to the Plaintiff.

3. Considering the following circumstances, the evidence as seen earlier and the evidence evidence Nos. 4-7, 10-13, 15, and 16 together with the purport of the entire statements and arguments, the evidence submitted by the Plaintiff alone is insufficient to recognize that the outstanding amount among the F Point’s construction cost amounts to KRW 103,63,000,000, and that the outstanding amount reaches KRW 62,348,000, among the construction cost at H Point’s 62,348,000, it is insufficient to recognize that the outstanding amount reaches KRW 40,000,000, and there is no other evidence to support this.

① On October 14, 2013, the Plaintiff sent 88,233,000 won the total construction cost of “F stores,” which is the official domain address of D employees. On November 12, 2013, the Plaintiff sent 49,548,000 won.

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