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(영문) 서울중앙지방법원 2017.06.07 2016가합563838
손해배상 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Status 1) A Co., Ltd. (hereinafter “A”)

() On May 8, 2013, the Seoul Rehabilitation Court rendered a decision to commence the rehabilitation procedure by 2013 Mahap85, and B was appointed as a custodian. On April 13, 2017, the Plaintiff was appointed as a custodian of the rehabilitation debtor A and took over the instant litigation procedure (hereinafter referred to as “A” and “B of the rehabilitation debtor A,” both for convenience and for convenience.

2) 2) H Co., Ltd. (hereinafter “H”) is a company that runs a reinforced concrete construction business.

3) Defendant D is a bond company, Defendant E is a person who actually operates H, and Defendant F is a representative director of H, and Defendant F is a person who comprehensively manages H’s funds. Defendant G is a person who, in accordance with Defendant D and E’s agreement with Defendant D for the purpose of recovering Defendant D’s claim against Defendant E, serves as a management director of H and actually manages H’s funds. B. (1) The Plaintiff was awarded a contract for the construction of new LBL and MBL respectively from Defendant I Co., Ltd.

The Plaintiff and H entered into each subcontract with respect to reinforced concrete construction during the said construction as listed below [Attachment 1].

(2) On December 13, 2012, from December 13, 2012 to November 30, 2014, the Plaintiff received a total sum of steel-frame reinforced concrete construction works (2 tools) on April 15, 2013 to April 15, 2013, from the construction period (including value-added tax) construction period (including value-added tax) LBL construction works) on the date of concluding the contract by unit (unit 1) and the construction period of reinforced concrete works (including unit 1 section) on the date of concluding the contract.

On July 4, 2013, the Plaintiff and H had a construction period for reinforced concrete construction among the foregoing construction works, from July 4, 2013 to August 31, 2013.

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