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(영문) 청주지방법원제천지원 2016.08.10 2015가단21307
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. C and D (hereinafter “C and one other”) undertaken a new construction of a factory, etc. listed in the separate sheet (hereinafter “instant factory”) (hereinafter “instant construction”).

B. Naco Co., Ltd. (hereinafter “Naco”) entered into a contract with the Plaintiff on May 13, 201 to supply the instant construction materials equivalent to KRW 107,089,400 as necessary for the instant construction work, and the Plaintiff entered into a contract with the Plaintiff on May 13, 2011, and from June 2, 2011, the same year.

7. Until August 18, 198, supply 106,056,355 won of construction materials, such as Baratan and EPS board, to Naco.

Naco failed to pay 105,407,355 won out of the material price to the Plaintiff, as it was not paid the construction price by C and one other.

(hereinafter “this case’s material price obligation”). C.

C on September 6, 2011, on the instant factory, registered the preservation of ownership on September 6, 201.

Naco agreed to deliver construction materials, etc. to the instant construction project, including the Plaintiff, and pay them directly from C and one other. On January 17, 2012, the said enterprises constituted the Credit Council and delegated the Defendant, who is the agent of E, a single company, to reach an agreement on the settlement and receipt of payments from C and one other, and appointed the Defendant as the representative of the Credit Council.

E. On May 11, 2012, between C and one other, the price is limited to 60% of the contract amount, but C and one other agreed to obtain a loan from a financial institution as collateral of the factory of this case or pay it by selling a factory.

(f) On August 14, 2012, C completed the registration of the establishment of a neighboring establishment with respect to the factory, etc. of the instant case with the maximum debt amount of KRW 1,560,000,000, and the debtor F.

(g) C and one other (hereinafter “G”) on November 6, 2012.

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