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(영문) 수원지방법원여주지원 2019.12.11 2019가합66
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff is an individual entrepreneur who runs the construction business with the trade name “E” in the Mapo City, Maposi, and Nonparty F actually operates the said company using the Plaintiff’s name. 2) The Defendant is a corporation for the construction business, etc. of the construction business, which is a company that newly constructs and sells H canal wells (hereinafter “the instant canal wells”).

Nonparty I was appointed as the Defendant’s auditor on May 15, 2017, and was dismissed on June 17, 2019.

3) J Co., Ltd. (hereinafter “J”)

(B) On May 10, 2018, the Plaintiff entered into a contract with the Defendant for the vicarious sale of the instant canal wells and entered into a sales contract with the Defendant for the instant canal wells and carried out the sales agency business. As the representative director of the J, K (I’s two balls) and I are registered as an in-house director, and I actually operates J. (B) The Plaintiff entered into the instant model wells on the 7th floor of the other canal wells (hereinafter “instant model wells”) on August 31, 2018 through October 12, 2018.

2) As the construction cost of the instant model under the J, the Plaintiff returned KRW 30 million to K, who is the representative director of the J on September 3, 2018, KRW 10 million, KRW 20 million on September 12, 2018, KRW 30 million on September 21, 2018, KRW 40 million on September 27, 2018, KRW 50 million on September 27, 2018, and KRW 95 million on October 1, 2018, the Plaintiff received KRW 80 million on October 11, 2018, and the Plaintiff returned the payment of KRW 80 million on September 1, 201 to K, who is the representative director of the JJ, and KRW 20 million on September 1, 2018, the Plaintiff would not have the capacity to pay the construction cost from the 800 billion model in collusion with the representative director of the FJ on September 21, 2018.

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