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(영문) 창원지방법원 2015.09.17 2014나5276
공사대금 등
Text

1. Revocation of a judgment of the first instance;

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

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in the production and installation of timber households in a trade name.

B. A Co., Ltd. was established around January 2002 as a corporation for the purpose of indoor building business, and Defendant B was its representative director. Around December 2007, it was deemed dissolved around December 2007, and the liquidation was concluded on December 2010. A contract for interior construction with the Plaintiff was concluded from around 2002 to 2007.

C. On August 2, 2009, Defendant C registered as a sole proprietor and operated indoor construction business, etc., Defendant C is the spouse of Defendant C, and the said Defendants entered into an Indian construction contract with the Plaintiff from August 2, 2009 to June 2012 with the trade name of “H”.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers in case of additional number; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion was traded with the Defendants who engage in interior interior interior decoration construction business from around 2000 to around 2007, and traded with “F” G operated by the Defendants. From around 2002 to June 2007, the Plaintiff traded with “H” operated by the Defendants from 2009 to June 2012.

However, as indicated below, the Defendants did not pay the Plaintiff KRW 51,950,600 for the total amount of 51,950,600 for the goods unpaid to the Plaintiff. As such, the Defendants are obligated to pay 6% per annum for the total amount of 51,950,600 for the goods unpaid to the Plaintiff, and 20% per annum for the period from June 20, 2012 to the date of delivery of the copy of the instant complaint from the next day to the date of full payment.

B. First of all, we examine the part concerning the Plaintiff’s claim against the Defendants for the payment of the outstanding amount out of the goods price traded with G Co., Ltd.

As seen in the basic facts, G is a legal entity separate from the Defendants.

Therefore, G Co., Ltd. asserted by the Plaintiff.

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