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(영문) 수원지방법원안양지원 2015.07.03 2014가단15789
손해배상금 등
Text

1. Defendant B’s 45,500,000 won and the interest rate of 20% per annum from May 14, 2015 to the date of full payment.

Reasons

1. Basic facts

A. Defendant A Co., Ltd. (hereinafter “Defendant A Co., Ltd.”) was a company aimed at building construction business, building modeling business, etc. and resigned on January 27, 2012 as the representative director, and D and E assumed the office of joint representative director on August 28, 2012.

B. On June 2012, the Defendant Company: (a) signed a contract with Macheon-ro Co., Ltd. (hereinafter “Macheon-do”) on the terms and conditions that the Defendant Company was awarded a contract with Macheon-si with the construction cost of KRW 495,00,000 (including value-added tax) among the construction works for the construction of the ground-based Gag-ri factory (hereinafter “instant construction works”); and (b) signed a contract with Macheon-do-si (hereinafter “Macheon-si”).

C. On October 9, 2012, between the Plaintiff and Mancheon, a contract agreement was made to change the contractor of the instant construction from the Defendant Company to the Plaintiff.

On September 14, 2012, Defendant B drafted the following work agreement with the Plaintiff under the name of the Defendant Company, and directly entered the name, address, and name of the Defendant Company in the “A” column at the bottom of the contract, and affixed a seal to the employees of the Defendant Company.

In a written business agreement, the defendant company (hereinafter referred to as "A") and the plaintiff shall enter into an agreement on the partnership of business as follows:

Article 1 (Business Purposes) A and B shall jointly participate in the instant construction works based on their trust.

Article 3 (Receipt of Construction Costs) A shall receive the payment from the above owner of the construction cost as the passbook A, and if the use of the said construction cost is to use B, A shall provide B with the official seal of the head of the Tong and the official seal of the head of the Tong.

Article 4(Advanced Payment) A provides A with KRW 30,00,000 for operating expenses and 50% for the date of commencement of the on-site room and 50% for A, subject to the said construction, subject to the said construction, and refund immediately if this Convention is fraudulent and is not in progress.

Article 5 (Return of Advance Payments) An advance payment under Article 4 shall be first deducted from the foregoing one-time period of the Project.

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