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(영문) 대구지방법원서부지원 2014.07.17 2013가합1410
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff as a party is a juristic person established on January 12, 2012 for the purpose of social services, operation services, etc., and the Defendant is a juristic person engaged in construction and civil engineering work, etc., and C was a person who serves as a representative director of the Defendant from January 12, 2012 to January 24, 2013 and was established by the Plaintiff as the representative director.

B. 1) C and D establish the Plaintiff on December 201, 201, and transfer D’s land of FF 888.1 square meters in the name of Sinnam-gun E, Daegu, under the Plaintiff’s name, to the Plaintiff. The Defendant’s construction of the 6th floor building on the ground (hereinafter the above building is referred to as the “instant building,” and the said land is referred to as the “instant real estate construction,” and the said construction is referred to as the “instant construction.”

(2) Accordingly, C and D established the Plaintiff on January 12, 2012 and appointed C as its representative director. On March 26, 2012, 2012, C and D transferred the ownership of the said land to the Plaintiff.

After that, the Defendant contracted the instant construction from the Plaintiff, and completed the construction around January 2013.

3) As to the instant construction work, the Plaintiff and the Defendant shall appoint the Plaintiff as the contractor and the Defendant as the contractor. ① From July 22, 2011 to September 30, 2012, the construction amount of KRW 4,950,000 (Evidence A-5-1), and ② from March 29, 2011 to December 31, 2012, the construction amount of KRW 4,950,000 (Evidence A-1) and the construction amount of KRW 30,00,00 for each of the instant construction works (Evidence A-1) from July 22, 2011 to December 31, 2012; ③ from July 22, 2011 to December 12, 2012, the contract date of the construction period of KRW 30,000 and KRW 50,000 for each of the instant construction works (hereinafter collectively referred to as the “construction contract”).

4) At the time of the formation of the instant construction contract, the Plaintiff and the representative director of the Defendant were the same as C.

C. As to the construction price of this case between the Defendant and the Plaintiff, 1 Plaintiff, G, and H on January 23, 2013, including the agreement between the Defendant and the Defendant.

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