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(영문) 광주지방법원 2017.03.21 2016가단517415
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. B Co., Ltd. (hereinafter “Nonindicted Company”) received supply of KRW 209,91,800 for the construction cost of the instant construction work, with the content of improving four fishing places in the previous C members of the fishing place from the Dondo-gun on October 8, 2015 (hereinafter “instant construction”).

B. On December 18, 2015, Nonparty Company subcontracted the instant subcontract to the Plaintiff (the system of merit before the change: the Plaintiff Company’s system) for the repair of facilities during the instant construction project (hereinafter “instant subcontracted project”) by setting the contract amount of KRW 190,901,636, and the construction period from December 20, 2015 to December 25, 2015.

(hereinafter referred to as “instant subcontract”). (c)

On January 25, 2016, the Plaintiff completed the subcontracted project, and the same year.

2. 1. The settlement agreement was reached between the non-party company and the settlement that the construction cost shall be KRW 188,92,000.

The Plaintiff is not receiving construction cost of KRW 147,028,790 for the subcontracted project in this case from the non-party company.

E. The Defendant is the representative director of the non-party company since July 9, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 2-1, 2-2, and Gap evidence 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) From August 2015, the non-party company was in arrears with the health insurance fee, and from September 2015, the financial crisis was very dangerous, such as default of value-added tax, and before entering into the instant subcontract, the status where the non-party company already issued the non-party company’s claim for the construction cost of this case against the non-party company, which had been issued a seizure and collection order by the creditors of the non-party company. In other words, the non-party company was already issued a seizure and collection order of several proposed claims, and even if the Plaintiff completed the instant subcontracted project, it was not able to receive the construction cost from the complete Dok-gun.

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