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(영문) 인천지방법원 2016.04.27 2015가합54697
청구이의
Text

1. The Defendant’s payment order based on the payment order for the construction cost case No. 2015j625 against the Plaintiff.

Reasons

1. Basic facts

A. In order to construct a new building on the ground of Bupyeong-gu Incheon Metropolitan Government, the Defendant concluded a civil construction work of KRW 4,043,490,00 on October 22, 2012 with the Plaintiff; construction work of KRW 9,126,786,90 on November 5, 2012; construction work of KRW 352,660,00 on November 15, 2012; construction work of KRW 352,522,936,90 on KRW 490 (= KRW 4,043,490,000; KRW 9,126,786,900; KRW 352,60,000; KRW 360 on April 16, 207; the Defendant claimed that the remainder of the construction work price was KRW 1,740,000 on the Plaintiff’s claim for payment order of KRW 209,3600 on the Plaintiff’s claim for payment (hereinafter referred to the payment order).

B. The Defendant, with the original copy of the instant payment order as the executive title, received the seizure and collection order as to the Plaintiff’s claim against the Kowa Corporation, etc. as the Incheon District Court 2015TT No. 14257.

C. At the time of entering into each of the instant contracts asserted by the Defendant, the Plaintiff was serving as the Defendant’s internal director.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 2, 4, and 8, the purport of the whole pleading

2. Judgment on the ground of the Plaintiff’s claim

A. 1) The plaintiff's assertion 1) The plaintiff's conclusion of each of the instant contracts with the defendant on his behalf constitutes a self-trade and thus must be approved by the board of directors. Thus, the plaintiff's assertion 1) is null and void since there was no approval

(hereinafter referred to as “the first place”). B. The Plaintiff and the Defendant.

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