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(영문) 의정부지방법원 2012.04.18 2010가합9273
공사대금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts are not disputed between the parties, or acknowledged by considering the whole purport of the pleadings as a whole in each entry of Gap evidence 2-2, Gap evidence 4, 5, Eul evidence 2-4, 6, and 8:

A. The owners of L, et al. and eight parcels in Namyang-si, including Defendant I (hereinafter “Defendant C, D, E, F, H, G, and M”) have to set up a tenement house (hereinafter “N”) with the name “N” in the above forest unit (hereinafter “instant apartment house”) on January 19, 207, with the construction cost of 15 billion won in the construction cost of the instant apartment house, and from February 1, 2007, with the construction period from February 1, 2007.

9. By the end of 30.0 each contract was awarded.

B. However, during the course of performing the construction of the instant tenement house, He discontinued the said construction before May 2007.

around June 2, 2007, Defendant I et al. had been awarded a contract for the construction of the instant tenement again to the Plaintiff’s O that had been awarded a contract for the construction of the instant tenement. Since the said O was an enterprise without a license for the construction business, it was legally impossible to conclude a contract for the entire construction of the instant tenement.

C. Accordingly, on June 1, 2007, Defendant I et al., who obtained a comprehensive construction business license, was appointed by Defendant J as the representative director of Defendant J on the same year.

6. 8. Resignation, Defendant D was appointed as the representative director on the same day.

Defendant J, I, and C are directors of the Defendant Company, and Defendant H is the auditor of the Defendant Company.

(hereinafter “Defendant Company”) taken office as its officer and the Defendant Company agreed to undertake the construction work of the instant apartment house as a contractor to Plaintiff A.

Plaintiff

A on June 10, 2007, the new construction work of the instant tenement house was set by the Defendant Company as KRW 2750,000 per the average construction cost, and the construction period from June 10, 2007 to November 10, 2007, respectively.

(e).

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