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(영문) 대구지방법원 2016.12.08 2016가단109977
약정금
Text

1. The Defendant’s KRW 20 million to the Plaintiff and the Plaintiff’s 5% per annum from July 28, 2016 to December 8, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in civil engineering and construction business, and the Defendant was a representative director of C Co., Ltd. (hereinafter “C”).

B. Around December 2007, the Plaintiff was awarded a subcontract for the part of the Amcom Packaging Construction among the Access Road Construction Works for the Daegu-gu D Apartment Complex from C, Daegu-gu, and completed the construction on March 2008.

C. Around that time, the Plaintiff received three promissory notes issued C (a total of KRW 114,614,00) from C for the payment of the said construction price, etc., but C was unable to receive the said promissory notes due to his default on July 4, 2008. C applied for rehabilitation on July 3, 2008, upon which C applied for rehabilitation on July 18, 2008, decided to commence rehabilitation proceedings as 2008 Gohap12 from the Daegu District Court on July 18, 2008; (b) was authorized to obtain the rehabilitation plan approval on January 12, 2009; and (c) was declared bankrupt on December 13, 2012 by the same court on December 13, 2012, and became final and conclusive on December 10, 2014.

A Co., Ltd. (hereinafter “E”) was established on January 25, 201, when the rehabilitation procedure of C was in progress. On April 12, 2013, the transfer of the headquarters to Daegu Dong-gu G, which was the location of the headquarters of C. At the time of the establishment of E, the purpose of business is the manufacturing and construction business of steel structure, construction business, construction, civil engineering business, etc. The purpose of business corresponds to the portion corresponding to C’s purpose of business by manufacturing and construction business of steel structure, construction, civil engineering business, etc., E’s representative director H served as C’s director, and is also the kind B’s type of business.

[Reasons for Recognition] Evidence Nos. 3-2, 3, 4, 6, and 7-2, 3-4, 6, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff asserts that the Plaintiff urged the Defendant to pay the above construction cost on several occasions, and that the Defendant promised to pay the said construction cost on several occasions by promising to pay the said payment, and that he/she would pay the said construction cost by May 30, 2014, and that he/she subscribed to C’s obligation with respect to the Plaintiff.

B. Determination 1, the Defendant’s status.

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