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(영문) 대전지방법원홍성지원 2015.04.30 2014가합1079
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s claim against C 1) C is the Seocheon-gun, Seocheon-gun, and Kim Processing Factory located in Chungcheongnam-gun (hereinafter “instant Kim Processing Factory”).

(2) On September 201, C concluded a construction contract with six construction business operators (hereinafter referred to as “instant construction business operators”) by introducing construction business operators F (Electric Construction), G (Water Tank), H (Water Tank), I (Ground), J (Ground), and K (Electric Safety Management).

3) From September 201 to October 10, 201, the Plaintiff: (a) paid part of the construction price to the instant construction business operator on behalf of the Plaintiff at the request of C; and (b) on April 17, 2012, C received a judgment from the Plaintiff on April 17, 2012, the Plaintiff prepared and issued a loan certificate stating “I will repay the said amount to the Plaintiff until May 30, 2012 because C borrowed the amount borrowed as the funds for the operation of the Seocho-gu Factory in Seocheon-gun Factory in Seocheon-gun, in the territory of Seocheon-gun, the amount borrowed from the construction price; (c) the Plaintiff sought the payment of the agreed amount of KRW 82,00,000 against C ( Daejeon District Court 2013Gahap10158, hereinafter “related case”); and (d) the said case is currently pending at the appellate court.

(1) In the above case, the Plaintiff asserted that “The Plaintiff paid KRW 25 million on behalf of the Plaintiff during the construction period for the Defendant I, and C agreed that the Plaintiff would pay KRW 25 million to the Plaintiff.” However, C is obligated to pay KRW 25 million on behalf of the Defendant. However, this part of the claim was dismissed on the ground that there was no evidence to prove that the Plaintiff agreed to pay KRW 25 million on behalf of the Defendant, or that C agreed to pay KRW 25 million to the Plaintiff.

On the other hand, on October 9, 2012, the Defendant became a main axis, etc., and the Kim Processing Factory of this case.

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