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(영문) 인천지방법원부천지원 2016.11.24 2015가단21822
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff is a company with the purpose of housing construction business, etc. (hereinafter “Plaintiff company”).

The Defendant is the representative director of the Plaintiff Company from October 21, 2013 to August 27, 2014. (2) The Plaintiff Company entered into a contract for construction with the Sejong Comprehensive Mining Construction Corporation (hereinafter “Shansan Comprehensive Construction”), a contractor, as an executor of the construction of the apartment housing C (hereinafter “the instant construction”) in Pyeongtaek-gun, Gyeonggi-gun, and entered into a contract for construction with the Seoul Special Metropolitan Mining Construction Corporation (hereinafter “Songsan Housing Development Corporation”). The Seosan Housing Development Co., Ltd. (hereinafter “Songsan Housing Development”) was subcontracted for the instant construction from the Sejong Comprehensive Mining Construction Corporation.

B. 1) The issuance of promissory notes and discontinuance of construction 1) The Seosan Housing Development Co., Ltd. is the Plaintiff Company for the purpose of advance payment guarantee on December 5, 2012, at par value of KRW 400,000,000, and on April 30, 2013, and one promissory note, a new bank, a payment place corporation, (hereinafter “instant Promissory Notes”).

) On December 6, 2012, at par value of KRW 900,000,00 for contract guarantee, and on October 30, 2013, for payment date, one promissory note, a new bank, a stock company, is the place of payment (hereinafter “instant Promissory Notes”).

2) On December 6, 2012, the Plaintiff Company issued each of the instant promissory notes and agreed not to make any loan to the Plaintiff Company without the consent of the Socsan Comprehensive Development. The Plaintiff Company paid KRW 360,000,000 as advance payment for the Socsan Comprehensive Development on December 26, 2012.

3) Although the Plaintiff presented the Promissory Notes No. 1 at the date of payment, the Plaintiff Company: (a) asserted that such payment proposal was in violation of the foregoing agreement; (b) deposited KRW 400 million on the security deposit in the new bank; and (c) filed a report on acceptance; and (d) the instant construction was suspended due to disputes arising therefrom; and (c) the Plaintiff Company was the Samsung C&T Co., Ltd., Ltd. of the Geumcheon Housing Development by Seoul Central District Court 2013Kadan49651.

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