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(영문) 대전지방법원논산지원 2015.04.23 2014가단4975
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The plaintiff is a construction company. The defendant is the representative director of the corporation B (hereinafter "B") and the defendant was the representative director of the corporation C (hereinafter "C").The plaintiff was awarded a subcontract from B on November 1, 2002 for the basic construction work and the construction work for the construction work for the construction work for the construction work for the D factory of the corporation. The plaintiff was paid 12 million won from B on November 1, 2002 and paid 30 million won in advance within five days after the conclusion of the contract and agreed to pay 50% of the outstanding payment in cash and 50% of the bill. The plaintiff was awarded a further subcontract from B on February 20, 2003 for the construction work for the construction work for the new construction of the corporation (hereinafter "the subcontract of this case").

(2) On November 17, 2003, the Plaintiff applied for payment order against B on November 1, 2003 ( Daejeon District Court 2003 tea 41944), and on November 17, 2003, with respect to the above case, “B” was 85,842,00 won per annum from November 10, 203 to the date of delivery of payment order, and 20% per annum from the next day to April 2003, and the payment order was served on December 4, 2003 to the date of payment, and became final and conclusive on December 19, 203.

1) The Plaintiff received a seizure and collection order as to the claim against the construction mutual aid association of the construction mutual aid association of B (title after the change: E) with the title of execution of the instant payment order ( Daejeon District Court Hongsung Branch 2008 Other 1696, hereinafter “instant claim seizure and collection order”).

Based on this, on May 27, 2009, the Daejeon District Court drafted a distribution schedule with the content that distributes KRW 1,317,060 to the Plaintiff.

The plaintiff.

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