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(영문) 광주지방법원 2013.07.18 2012가합6242
손해배상(기)
Text

1. The Defendants and the Defendant-Counterclaim Plaintiff Co., Ltd. (Counterclaim Defendant) are KRW 78,200,160 against each Plaintiff (Counterclaim Defendant).

Reasons

1. The principal lawsuit and counterclaim shall be deemed to be a same.

A. Defendant C’s director, Defendant E’s representative, Defendant B’s site director of Defendant A Co., Ltd. (hereinafter “Defendant A”) and Defendant D’s representative.

B. A limited liability company I (hereinafter “I”) received orders from Japan, for the construction of steel structure used for the new construction of JRSA and new stocks (hereinafter “new stocks coup building”) and for the construction of steel structure used for the new construction of the hyke-in building of the hyke-in (hereinafter “hyke-in construction”), and awarded contracts to the Plaintiff. On November 29, 2010, the Plaintiff subcontracted the new stocks coup construction and the hyke-in construction to the JJ Co., Ltd. (hereinafter “J”) for the new stocks Coup construction and the hyke-in construction to the Plaintiff.

C. After that, on August 8, 2011, J declared that it is impossible to pay the construction cost due to the aggravation of business management, and the Plaintiff received a letter of waiver of the contract for the hystys construction from J and entered into a new subcontract for the hystys construction to L of K operation around September 2011.

Meanwhile, Defendant F, A, E, and D were re-subcontracted for the cubication of new shares, but Defendant A, etc., declared insolvent as above, set up an intra-company bond group in order to receive construction payment from the Plaintiff, the original contractor, and subsequently prevented the Plaintiff from transporting the steel structure in the process of production.

E. Defendants B, C, D, and E conspired, from October 10, 201 to October 23:00, 201, the Plaintiff was at the J plant to transport steel structure with respect to the hypted construction (hereinafter “the instant steel structure”) from October 10, 201, to October 14, 201, and prevented the shipment of the instant steel structure by preventing access roads to the said plant due to defects in transporting the steel structure with respect to the hypted construction (hereinafter “the instant steel structure”), loading for attaching M trucks, and car owned by the Defendants.

(F) Defendant B, C, D, and E, etc. received a summary order of KRW 3 million from Daegu District Court racing support to KRW 2012 high-ranking KRW 295 due to the instant interference with business.

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