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(영문) 수원지방법원 2016.02.12 2015가단118690
공사대금
Text

1. The Defendants jointly and severally against the Plaintiff KRW 70,000,000 and KRW 21,600,000 among them shall be the Defendant from October 1, 2014.

Reasons

1. Facts of recognition;

A. On May 15, 2014, the Plaintiff engaged in the packaging construction business, etc.: (a) the Plaintiff: (a) received a subcontract (hereinafter referred to as “first subcontract”); (b) the construction period from May 17, 2014 to May 22, 2014; and (c) completed the said construction on May 22, 2014; and (d) completed the construction period from February 5, 2015 to February 12, 2015 after receiving a subcontract (including value-added tax) with the amount of construction cost of KRW 39.6 million from May 17, 2014 to May 22, 2014; and (b) the Plaintiff completed the said construction period from February 5, 2015 to February 12, 2015 (including value-added tax from February 5, 2015 to February 12, 2015 to subcontracting (hereinafter referred to as “the said subcontract”).

B. Defendant A paid a total of KRW 18 million to the Plaintiff (i.e., KRW 3,000,000 on September 30, 2014) (i.e., KRW 10,000,000 on February 10, 2015) to the Plaintiff on February 11, 2015.

C. On February 11, 2015, Defendant A entered the representative E of Defendant B (hereinafter “Defendant Company”) in the column of joint and several sureties of the contract related to the primary and secondary subcontracting and affixed a seal to the employees of Defendant Company.

(hereinafter “instant joint and several sureties”). D.

Defendant A is registered as an internal director of the Defendant Company.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the facts of the above recognition of the claim against Defendant A, with respect to the amount of KRW 70 million (=21,600,000 for the first subcontract amount of KRW 39,600 for the first subcontract amount of KRW 48,400 for the second subcontract amount of KRW 18,000 for the second subcontract amount of KRW - KRW 18,000 for the second subcontract amount of KRW 18,000 for the first subcontract amount of KRW 21,60,000 for the first subcontract amount of KRW 21,60,000 for the first subcontract amount of KRW 7,000 for the first subcontract amount to the Plaintiff, from October 1, 2014 to July 22, 2015, the delivery date of a copy of the complaint against Defendant A from the following day to the date of complete payment, 6% per annum as prescribed by the Commercial Act for the promotion, etc. of Legal Proceedings, respectively.

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