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(영문) 광주지방법원 2015.06.19 2013가합10057
대여금
Text

1. Defendant (Counterclaim Plaintiff) C Co., Ltd.: (a) the Plaintiff (Counterclaim Defendant) Co., Ltd. amounting to KRW 1,646,858 and its amount on May 2013.

Reasons

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

A. The Plaintiff Company is a corporation established for the purpose of civil engineering work business, etc., and the Defendants are individually incorporated for the purpose of civil engineering work business and building work business.

Plaintiff

The representative director of the company was the plaintiff Eul (Death on January 8, 2012), who was the father of the company Eul, and the plaintiff Eul was appointed as the representative director of the company around February 2012 after the death of the plaintiff Eul.

F is the other non-executive director of Defendant C and the representative director of Defendant D.

B. For more than ten years, the Plaintiff Company had been performing construction works by entering into a lump sum subcontract from the Defendants, and received a subcontract payment according to the predetermined subcontract rate, and has engaged in money transactions with regard to the subcontract price, etc.

C. G Corporation 1) Defendant C is the Corporation for the Maintenance and Prevention of Disasters (hereinafter “G Corporation”) from the G Riverbed Group on December 10, 2009.

A) A contract was received, and around January 8, 2010, the amount calculated by applying 68.64% of the value of supply (excluding patent construction methods, industrial accident, employment, health, pension, retirement insurance) (excluding patent construction, industrial accident, health, pension, and retirement insurance) was awarded en bloc to the Plaintiff Company. (2) Defendant C adjusted the accounts of G Corporation with respect to August 8, 2012, and the main contents thereof are as follows.

1. As of August 8, 2012, in the course of performing subcontracted works by Eul (Plaintiff Company), a situation exceeding the subcontract amount of the previous construction portion and the non-construction portion as of August 8, 2012, and as a result of mutual review, it was confirmed that as of July 30, 2012, at the present point of time (as of July 30, 2012), the amount exceeding KRW 470,000,000 (as of July 30, 2012), which was reviewed by the supervision group, was included in the modified design, and as of July 30, 2012, it was confirmed that the amount exceeded KRW 470,000,000 (Plaintiff Company) among the unpaid amount of KRW 470,00,000 (Plaintiff Company) and the remainder is agreed to be treated by

2. B (Plaintiff Company) is the subcontracted work of the Party without any objection or condition.

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