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(영문) 춘천지방법원속초지원 2017.11.02 2016가합300338
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The F Co., Ltd. (hereinafter “F”) operated H factory (hereinafter “instant factory”) on the G ground of Gangwon Yangyang-gun G. However, on November 25, 201, with respect to the said factory, the procedure for compulsory sale by official auction was commenced on November 25, 201.

B. On August 2012, E Co., Ltd. (hereinafter “E”) received a decision of permission for sale as the highest bidder in the above auction procedure.

C. On November 28, 2012, E paid to the Plaintiff KRW 17,6960,000,000,000 to the Plaintiff for repair works for three points, namely, the water intake of the instant plant (hereinafter “instant construction contract”) and advance payment.

On the other hand, although E received the decision of permission for sale as seen earlier, the procedure for re-sale of the instant factory was conducted because it did not pay the price. Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”) paid the price upon obtaining the decision of permission for sale on April 22, 2013 and completed the registration of ownership transfer on June 26, 2013.

E. On April 2013, the Plaintiff requested payment of KRW 4280,040,000 to E as the contractor, after almost completed the repair works under the instant construction contract, but did not receive the payment.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 8, 16, Gap 17-1 through 4, Eul 1-2, Eul 2-9, 25, 46-1, Eul 3-4, and the purport of the whole arguments and arguments

2. Determination as to the claim against the defendant company

A. The summary of the Plaintiff’s assertion 1) The Defendant Company is a company newly established to evade the obligation of the Plaintiff for the construction price, which constitutes abuse of corporate personality in violation of the principle of good faith, and the Defendant Company is obligated to pay the Plaintiff the remainder of the construction price of KRW 42,804,00,000,000 to the Plaintiff along with the Defendant Company. However, the Defendant Company is obligated to pay the construction price to the Plaintiff.

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