beta
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1. The part of the lawsuit in this case against the primary defendant is dismissed.
2. The plaintiff's conjunctive defendant
Reasons
Basic Facts
The primary Defendant, as the executor of the new construction of the Kuwon-won D Apartment (hereinafter “instant apartment”), concluded a design service contract for the apartment district of the instant apartment office and the E-Architect office as the executor of the new construction of the instant apartment. In relation to the new construction of the instant apartment, the Plaintiff was awarded a subcontract for the design service business from the E-Architect office.
On December 4, 2007, the primary Defendant promised the Plaintiff to pay the design service cost of KRW 274,000,000 (hereinafter “design service cost”) to the Plaintiff, and drafted a memorandum of non-performance (Evidence A 3; hereinafter “instant performance memorandum”) with the following contents as follows:
The (State) The non-performance of the design service cost (including VAT) shall be paid not later than December 4, 2007 and paid not later than December 4, 2007 to the KRW 329,000,000,000 (including KRW 55,000,000) to the KRW 329,000,000,000,000,000,000,000 won for the remainder of the service cost to be paid directly from the E architect at the start of the commencement of the rehabilitation procedure. The primary representative director of A, a corporation, the representative director of the Seoul Central District Court, on February 4, 2010, was appointed by the Defendant as the administrator of the Preliminary District Court on February 14, 2010.
In the rehabilitation procedure for the primary defendant, the plaintiff did not report the design service cost claims as rehabilitation claims, and the design service cost claims were not entered in the list of rehabilitation creditors of the primary defendant.
On the other hand, on May 26, 2015, the primary Defendant completed the registration of ownership transfer on the business site of the new apartment construction project (Yansan City CY 4214 square meters) to the beta Development Co., Ltd.
[Ground of recognition] There is no dispute.