(영문) 서울중앙지방법원 2017.01.13 2016가합512045

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(영문) 서울중앙지방법원 2017.01.13 2016가합512045

청구이의의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

. The assertion of separate legal personality cannot be permitted due to abuse of legal personality. Thus, comprehensive construction must pay the defendant the above settlement amount obligation.

On April 28, 2015, Seoul Southern District Court filed an application for provisional attachment (2015Kadan201059) against the claim for construction payment against Maio General Construction Co., Ltd. at the Seoul Southern District Court on April 28, 2015. On May 14, 2015, Seoul Central District Court filed a claim for settlement of accounts (2015Kahap532189) against Maio General Construction.

C. On June 5, 2015, the Plaintiff et al. is called the instant agreement with the Defendant et al.

I prepared the agreement of this case, and the main contents of the agreement are as follows.

1. Creditors of the parties: The plaintiffs, G, and H;

2. Contents 1) The obligor agrees to pay to the obligees the amount of construction cost and other compensation for damages on the following premise: (i) currently comprehensive construction acquired two rights to contract for construction; (ii) comprehensive construction will entirely transfer to the Plaintiff without any consideration the above two rights to contract for construction; (iii) the Plaintiff will pay the agreed amount to the obligees in the following manner: (iv) the instant two rights to contract for construction; (iv) the instant two rights to contract for construction will be paid to the obligees: (iv) the Plaintiff will pay the agreed amount to the obligees in the following manner: (iv) the instant two rights to contract for construction: (v) the amount of KRW 250,000,000 - the total amount of KRW 20,000: Defendant 450,000; (iv) the time of payment; and (v) the period of payment within three (6) months for each case of advance payment.

- Other details are to be written in quasi-loan for consumption. 2) They are to be notarized as quasi-loan for consumption and to be kept individually.

3) After notarial acts, the date of gold (the date of the contract shall be the creditors immediately before the date of the contract shall withdraw a provisional attachment or principal suit against the comprehensive construction, and the comprehensive construction shall attach a written consent recognizing that there is no damage as to the revocation of provisional attachment security.

Plaintiff

The same seal shall be affixed.

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