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(영문) 광주지방법원 2017.07.20 2016가합57811
공사대금
Text

1. The Defendant’s KRW 29,242,880 as well as the Plaintiff’s annual rate from April 25, 2017 to July 20, 2017.

Reasons

1. Basic facts

A. Around October 2010, the network C, the Defendant and the Defendant’s attached (hereinafter “the network”) approved D to use the land of 3,175 square meters in Gwangju Metropolitan City, Gwangju Metropolitan City E-gu, the Defendant owned (hereinafter “instant land”), and requested D to establish and operate two corporations with the instant land as its head office located.

B. On November 26, 2010, D established the Plaintiff by having the location of the headquarters of Gwangju Mine-gu F and in-house directors, the deceased, G as G, and auditor as H. On the same day, D established and operated the said two corporations by having the Defendant, the Defendant, the in-house director, and the company director as J, and the auditor as D (hereinafter “K”).

The land of this case, which is the location of the plaintiff's head office, is adjacent to the land of this case where the defendant gave consent to use.

Meanwhile, the instant land was divided from Gwangju Mine-gu I, the seat of K on January 4, 201, and was re-merged into Gwangju Mine-gu I again on May 21, 2013. Each of the said lands appears to have been by the Defendant or the Deceased’s exercise of ownership.

C. On November 2015, D drafted a written request with the following contents (hereinafter “instant request”) from the first police officer, and the wording of (1) and (2) is written at the bottom of the request, respectively.

[Won] -G: Won 40,940,00 - J: Won 36,559,950-D: Won 2,100,000: A promise to deposit on November 5, 2015 (Won 2,100,000)

(B) will be arranged on November 11, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 8, 26, Eul evidence No. 6, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) In the first place, the Defendant: (a) together with D, G, and J (hereinafter “D”) that D himself/herself or through J (hereinafter “J”); and (b) constitutes “D, etc.”

3) The Plaintiff and K (hereinafter “Plaintiff, etc.”)

79,59,950 won (=40,940,000 won) in total paid for the establishment of the Company, 36,559,950 won.

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