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(영문) 서울북부지방법원 2019.01.30 2017가합27673
손해배상(기)
Text

1. The Defendants jointly cooperate with the Plaintiff KRW 55,452,615, Plaintiff B, C, E, and F, respectively, KRW 41,280,533, and Plaintiff D 41,357.

Reasons

Facts of recognition

Plaintiff B and C are the children of Plaintiff A, the children of Plaintiff D, the children of Plaintiff D, the wife of Plaintiff D, the wife of Plaintiff F, the wife of Plaintiff A, and Plaintiff G (hereinafter “Plaintiff G”) are companies operated by Plaintiff A.

The Plaintiffs owned 1,436/8,329, Plaintiff B, C, E, and F respectively, and Plaintiff D owned 1,071/8,329, and 1,546/8,329, respectively. The Plaintiffs owned 1,071/8,329, and Plaintiff G owned 1,546/8,329 shares.

The Plaintiffs established a business plan intending to newly build and sell a sublet on the ground of the instant land, and received a loan from M& Co., Ltd. (hereinafter “M”) as collateral for the instant land.

On October 1, 2004, Defendant H Co., Ltd. (hereinafter “H”) entered into a subcontract agreement with the Defendant N Co., Ltd. (hereinafter “N”) that received a contract for the construction of the said loan from the Plaintiffs on the said construction works.

Defendant I is the representative director of Defendant H.

In the process of the lawsuit between Defendant H, Plaintiff A, and Plaintiff A, as of August 31, 2005, jointly and severally guaranteed the N’s obligation to pay the unpaid construction cost to Defendant H, and Defendant H filed a lawsuit claiming joint and several surety payment against the Plaintiff on April 28, 2008 against the Seoul Northern District Court 2008Gahap3200, which was jointly and severally and severally guaranteed by the Plaintiff A, for the unpaid construction cost against Defendant H.

On December 12, 2008, the above court rendered a judgment dismissing Defendant H’s claim.

Accordingly, Defendant H appealed. On February 9, 2009, during the appellate trial, Plaintiff A and Defendant H agreed to pay KRW 500 million to Defendant H by May 31, 2009, and Defendant H withdrawn the said lawsuit on March 3, 2009.

Plaintiff

A paid KRW 50 million to Defendant H in accordance with the above agreement, and KRW 23 million interest thereon. Defendant H prepared receipts and written settlement of agreement to confirm them on December 23, 2009 to Plaintiff A.

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