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(영문) 수원지방법원 2017.05.12 2016가합73067
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s wife C and the Plaintiff are the building owner of the Gowon-si Building on the D ground of Suwon-si, Suwon-si (hereinafter “D Gowon”) and the Gowon Building on the ground of Mapo-gu Seoul Mapo-gu, Seoul (hereinafter “E Gowon,” and collectively referred to as “instant building”). The Defendant was the representative director of F Co., Ltd. (hereinafter “F”) from March 2008 to June 2012.

B. On March 3, 2011, C entered into a construction contract with F and D Notice Board for the construction period from March 7, 2011 to November 6, 201 of the same year with respect to construction cost of KRW 1,595,00,000, and the Plaintiff entered into a construction contract with respect to E Notice Board from September 22, 2011 to June 21, 2012 with respect to construction cost of KRW 1,31,00,000 (hereinafter collectively collectively referred to as “instant construction contract”).

(2) On January 31, 2012, the Plaintiff entered into a contract to modify the construction contract with the Defendant and the E Public Notice Board during the instant construction period from September 22, 2011 to August 31, 2012, with respect to the construction cost of KRW 1,716,00,000.

(hereinafter “instant modified construction contract”). C.

On November 29, 2011, F of the instant rehabilitation decision was decided to commence rehabilitation procedures on December 16, 201 by filing an application for commencement of corporate rehabilitation procedures with the Seoul Central District Court 201 Gohap169.

(hereinafter “instant rehabilitation decision”). D.

On December 29, 2011, the Defendant prepared and sent to the Plaintiff and C a letter stating that “The Defendant has inflicted damage on the instant construction by the instant rehabilitation decision, thereby paying the amount of compensation for damage to the Plaintiff and C,” respectively (hereinafter “each letter of payment on December 19, 201”).

() On January 31, 2012, the Plaintiff prepared a letter stating that “the Defendant shall be liable and repaid to the Plaintiff for damages amounting to KRW 950,00,000 in connection with the instant construction work” (hereinafter referred to as “the Defendant”) on January 31, 2012.

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