(영문) 대전지방법원 2019.05.16 2018가단207844

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(영문) 대전지방법원 2019.05.16 2018가단207844

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of waste disposal business, waste collection and transportation business, etc., and the Plaintiff is a company with the purpose of waste transportation business, incineration facility operation and management business, etc.

B. Around February 2015, the Plaintiff entered into a contract with the non-party company to entrust the operation of waste incineration facilities and power generation facilities to the non-party company in the Gesung-gun E plant located in the Plaintiff (hereinafter “instant factory”) and the non-party company from April 1, 2015 to March 31, 2018.

C. On October 31, 2015, while the non-party company was operating the factory of this case, the fire occurred. In this regard, the plaintiff filed a lawsuit with the non-party company (2016Gahap105231) against the non-party company to pay the cost of removal of the factory of this case (the main lawsuit) and the non-party company also filed a counterclaim (2016Gahap105248 (Counterclaim)) and rendered a judgment as follows on February 9, 2017. The non-party company appealed against this, but the appeal was dismissed on September 21, 2017, and the above judgment (hereinafter referred to as the "the judgment of this case") became final and conclusive at that time.

1. The non-party company shall pay to the Plaintiff 189,213,050 won with 15% interest per annum from December 14, 2016 to the day of full payment.

2. The Plaintiff shall pay to Nonparty Company 10,396,403 won with 5% interest per annum from August 25, 2016 to February 9, 2017, and 15% interest per annum from the next day to the day of full payment.

On August 16, 2011, the defendant was established for the purpose of the business of manufacturing surface processed timber and specific timber for specific purpose, and D, the representative director of the non-party company, was appointed as an internal director on June 26, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination as to the cause of action

A. The defendant and the non-party company are substantially the same company D.

유사 판례

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-의정부지방법원 2018.10.10 2017가합53125

-대전고등법원 2017.11.22 2017나11177

-서울동부지방법원 2016.08.31 2015가단108551

-부산지방법원 2018.08.17 2017가단315006