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(영문) 수원지방법원 2020.05.28 2019가단2892
손해배상(기)
Text

1. The Defendants jointly do so to the Plaintiff (designated parties) in the amount of KRW 30,410,000 and the Defendants jointly do so from June 6, 2015 to May 28, 2020.

Reasons

1. Basic facts

A. The Plaintiff is running a construction business after completing business registration with the trade name of “E” in the name of his/her father and wife.

Defendant B is the representative of Defendant D Co., Ltd. (hereinafter “Defendant Company”); Defendant C is the representative of F Co., Ltd. (hereinafter “F”); Defendant B and C are married couple.

B. On October 29, 2014, F entered into a contract for a new construction project with G Co., Ltd. (hereinafter “G”) and Jeonbuk-gun, Jeonbuk-gun, with a cost of KRW 253,00,000 (including value-added tax) as to the soup set of H located at KRW 253,00,000, and G entered into a contract for a new construction project on November 3, 2014 with the Plaintiff with a certain amount of construction cost of KRW 125,00,000.

(hereinafter “instant construction project”). C.

Around November 28, 2014, the Plaintiff and F decided to waive the instant construction, and the Plaintiff completed the instant construction on June 5, 2015, and the Plaintiff issued a tax invoice of KRW 65,000,000 to F on June 25, 2015, and KRW 94,49,900 on July 10, 2015.

From November 5, 2014 to November 2, 2015, F paid to the Plaintiff totaling KRW 64,590,000 as indicated in the following table.

On November 5, 2014, 200, 15,000 I paid 20,000 won to I, a representative director of G, and I paid 15,00,000 won out of the same day to the Selection.

J on January 31, 2015 F A on April 10, 2015, 25,000 F on April 23, 2015, F on May 28, 2015, 1,000,000,000 F on June 5, 2015, F on June 5, 2015, F on June 5, 2015, F on June 24, 2015, 5,000,0000 F on June 3, 200,000,000 F on November 23, 2015, F on November 23, 200,00 F on a total of F A 64,590,0000.

E. Around October 2016, F transferred the instant building to the Defendant Company without compensation (hereinafter “instant building”). The Defendant Company completed the registration of initial ownership on October 5, 2016, with respect to the instant building.

F. On December 5, 2016, Defendant C drafted a written confirmation of payment that “I confirm that I will pay the cost of the household installation work by December 30, 2016.” to the Plaintiff.

(g) The payment certificate of this case (hereinafter “instant payment certificate”). The Plaintiff on February 2017.

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