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(영문) 수원지방법원성남지원 2015.10.15 2013가합13142
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

Basic Facts

In around 2010, the Plaintiff performed civil engineering works, such as the construction of housing sites for 12 households and the construction of road works, and the parking lot construction works for five households among them, on the forest land in Gwangju-si, Gwangju-si (hereinafter referred to as “the primary site”), from August 2010 to December 2013, and civil engineering works, such as the construction of housing sites for 13 households and the construction of road works, on the forest land for 12 households from August 2010 to December 2013.

On April 10, 2008, the Plaintiff served as the representative director of J (hereinafter “J”) and resigned from the office of representative director on April 10, 2008, the company’s trade name was changed to K Co., Ltd. on the same day, and L was appointed as the representative director.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 12 (including each number; hereinafter the same shall apply), Eul evidence No. 3, and the purport of the whole pleadings

2. The parties' assertion

A. On April 1, 2010 to May 5, 2010, the Plaintiff entered into a contract for the first site civil works as stated in the attached Table 1,105,565,000 as the total construction cost as stated in the first site civil works contract table. Of the owners of the first site, the Plaintiff entered into a contract for the first site civil works as stated in the attached Table 1,105,565,000 won. Of the owners of the second site, the Plaintiff entered into a contract for the construction cost as stated in the attached Table 2, as to Defendant G (6 square), Defendant D (24 square), Defendant F (24 square), M (12 square), N (18 square) and 84 square meters in total as KRW 168,00,000 per square year (2,00,0000 x 84 square meters) between the owners of the second site and the owners of the second site, as the attached Table 29,209,290.

The contract for the second site civil works as described in the paragraph was concluded.

3) Defendant B arranged to the Plaintiff for the contract for the first and second site construction works, and executed the 1 and second site construction funds by opening an account in the name of J and receiving construction payment from landowners and again depositing them into another account in the name of the Plaintiff.

Defendant B.

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