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(영문) 수원지방법원 2014.12.05 2013가합9416
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. A. Around June 2009, the Plaintiff entered into a construction contract with the Han Chang City Development Co., Ltd. (hereinafter “Korea Creative City Development”) and B as a joint contractor, with respect to the construction of the Han Chang City Development and the construction of the Han Chang City C ground (hereinafter “instant construction”).

B. After that, around October 15, 2009, the Plaintiff entered into a contract for construction works between the Defendant (former trade name before the change on July 27, 2010: Dforest Integrated Construction Company) and B, and the Defendant and B as joint contractor, with regard to the instant construction works as follows:

3. A period from October 2009 to September 30, 2010.

4. Contract amount: 5,159,000,000 won (including value-added tax); and

5. Advance payments: 300 million won (including KRW 100 million for the development of the Han Chang City); and

6. A completed amount: Within 30 days after the completion of a final session once a month.

C. On October 19, 2009, the Plaintiff’s construction period and contract amount with the Defendant as to the instant construction work are above B.

It is identical to the foregoing paragraph, and the Defendant entered into a contract for construction works with the sole contractor (hereinafter “instant contract”). D.

Meanwhile, the Plaintiff was established on June 29, 2009. From the time of the Plaintiff’s establishment to April 25, 201 on the corporate register, the Plaintiff was registered as D, from April 26, 2010 to May 11, 201, and thereafter F was registered as the Plaintiff’s representative director. However, F continued to have been the actual representative director after the Plaintiff’s establishment.

[Ground of recognition] Evidence No. 1-1, Evidence No. 3, 10, Evidence No. 5-1, 2, Evidence No. 9, Evidence No. 14-1 and 2, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment as to the plaintiff

A. The Plaintiff asserted that the contract of this case was concluded with the Defendant, who paid KRW 100 million as part of the construction cost of this case to the Chang Chang City Development, but decided to succeed thereto.

After that, until May 2010, the Plaintiff, including the above KRW 100,000,000, as the construction cost of the instant case, exceeded 82,00,000 from May 20, 201.

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