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(영문) 대구고등법원 2015.07.07 2014나3581
손해배상(기)
Text

1. The plaintiff's conjunctive claim added at the trial shall be dismissed; and

2. Of the judgments of the court of first instance, the following payments shall be made:

Reasons

1. Basic facts

A. On January 12, 2012, the Plaintiff is a stock company established for the purpose of friendship and business. The Defendant is a stock company that conducts business such as construction and civil engineering works. 2) C is in office as a representative director of the Defendant from around 2006 to the date of establishment. From January 12, 2012, the date of establishment of the Plaintiff, the Plaintiff was holding concurrent office as the representative director of the Plaintiff and completed the registration of resignation on January 28, 201.

B. On July 9, 2011, the Defendant: (a) KRW 888.1m2 (hereinafter “instant land”) in Daegu-gun, Daegu-gun, and 88.1m2 (hereinafter “instant land”).

between E and E as the nominal owner of the instant land, the Defendant is a 6th floor building on the instant land (hereinafter referred to as “instant building”).

) New Construction Works (hereinafter referred to as “instant Construction Works”)

The construction period for A shall be from July 22, 201 to April 30, 2012; the construction price shall be 4.95 million won; E shall be awarded one billion won upon commencement of construction; the first five billion won on November 15, 201; the second one on January 15, 201; and the second one on January 15, 201; and

3. A contract for construction works was concluded on May 15.1 billion won, and within 10 days from the completion date, to pay to the Defendant the balance of KRW 9.5 million, and E was unable to pay the construction cost under the above contract in time, and the construction was delayed.

2) As the relative of the above E, D, the actual owner of the land of this case, is an agreement with the representative director C of the defendant around December 201, 201 that "(i) establish the plaintiff, (ii) transfer D the ownership of the land of this case to the plaintiff to be newly established, and (iii) transfer D the construction of the building of this case to be contracted by the plaintiff to be newly established by the defendant, and (iv)" (hereinafter referred to as the "first agreement").

(3) C and D established the Plaintiff on January 12, 2012 according to the first agreement, and D transferred the ownership of the instant land to the Plaintiff on March 26, 2012 according to the first agreement.

In accordance with the first agreement, the plaintiff and the defendant are ordered to work in this case, and they are ordered to work in this case.

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