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(영문) 서울고등법원 2017.01.11 2015나2004373
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the Defendants shall be revoked, and all the plaintiff's claims corresponding to the revocation part shall be revoked.

Reasons

1. Basic facts

A. The relevant Plaintiff is a company with the objective of washing, drying, manufacturing, selling, etc. agricultural products.

The Defendants are vice-party owners; Defendant A is a person registered as a business entity of “C” as a private business chain that engages in construction business (for example, steel) by lending the business name to Defendant B, his father, and Defendant B is the actual operator of “C”.

D is the operator of a "E" of a personal business chain engaged in construction business (for example, iron bars, windows, etc.).

B. (1) On May 2012, the Plaintiff subcontracted 300 million won to E for the manufacture of steel 4,000 parts for storage of agricultural products and painting work to be supplied to E, a distributor, around May 201 (hereinafter “instant subcontract agreement”).

A No. 10 No. 2) E around May 2012, 2012, in order to implement the instant subcontract agreement to C, re-subcontracted with the manufacturing cost of 4,000 parts of the said steel scrap and the manufacturing cost of the coloring work at KRW 5,00 (excluding value-added tax).

(hereinafter “instant re-subcontract contract” and “B” No. 1). According to the instant re-subcontract contract, E provided materials (Pipe, poppy, etc.) for the manufacture of steel scrap.

(F) Defendant B, the actual operator of C, around May 18, 2012, is the F Co., Ltd. (hereinafter referred to as “F”) in order to secure a place to perform the re-subcontract contract of this case, around May 18, 2012.

4) From the perspective of determining the F’s KRW 30,00,000, monthly rent of KRW 7,000,000 for KRW 30,000 and KRW 7,000,000 for the main factory, the Plaintiff agreed to lease the materials under the re-subcontracted contract in the name of the Defendant of the Defendant of C representative. As such, the Plaintiff actually provided the Plaintiff. As such, the Plaintiff received a letter of performance for the return of private supply materials and tools as follows from C and F on June 15, 2012 (hereinafter “each of the instant notes”).

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