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(영문) 부산지방법원 동부지원 2018.04.26 2017가단204720
손해배상(기)
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 53,494,450 and Defendant B with respect thereto from July 1, 2017, and Defendant C with respect to the said amount.

Reasons

1. Basic facts

A. Defendant B is an E business entity located in the third floor of the Busan Shipping Daegu D building.

B. On January 8, 2017, the Plaintiff entered into a contract for the artificial apartment G of Busan Southern-gu with the construction cost of KRW 84 million, and the construction period from January 13, 2017 to February 18, 2017, with the term of February 18, 2017.

(hereinafter “instant construction project”). C.

In the instant construction contract, the deposit account for the construction price is designated as Defendant C’s corporate bank account (number H), and the Plaintiff transferred KRW 8 million on January 10, 2017 as down payment, KRW 36.5 million on January 13, 2017, KRW 36.5 million on intermediate payment, and KRW 81 million on February 2, 2017 to Defendant C’s account.

E unilaterally suspended construction on February 10, 2017, but resumed on February 13, 2017, but discontinued construction again on February 17, 2017, and requested the Plaintiff to pay KRW 34 million additionally on March 4, 2017.

E. On March 17, 2017, the Plaintiff, who did not resume construction, notified the Defendants of the termination of the instant construction contract.

F. The cost of E’s completion of the instant construction suspended is KRW 56,494,450.

[Ground of recognition] Unsatisfy, Gap's evidence 1, 2, 4, Gap's evidence 5-1, 2-2, Gap's evidence 3-1 to 50, and the purport of the whole pleadings

2. The parties' assertion

A. Defendant B is a person who lent the Plaintiff’s business name, and is jointly and severally liable with Defendant C, the actual business owner, to compensate the Plaintiff for the damages incurred by the Plaintiff due to the discontinuance of the instant construction. Defendant C is a contractual party and is actually liable to compensate for the damages incurred by the Plaintiff

B. Defendant B’s assertion 1) only lent the name at the request of I who actually operated the business of “E”, and the seal affixed with the certificate of “A” is not the Defendant B. The Plaintiff’s deposit account is also the Defendant C’s account and is not the Party E’s account. 2) Defendant C is merely the employee of “E” and is not the Party to the instant construction contract.

E. The E.

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