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(영문) 수원지방법원안산지원 2017.09.20 2016가단66639
공사대금 및 손해배상(기)
Text

1. Defendant A and B jointly share KRW 86,826,00 with respect to the Plaintiff and the Plaintiff’s amounting to KRW 86,826,00 from January 30, 2014 to September 6, 2016.

Reasons

1. Under the facts, each of the following facts is deemed to have been led by the Plaintiff, Defendant A Co., Ltd. (hereinafter “Defendant Company”), and B pursuant to Article 150 of the Civil Procedure Act. Among the Plaintiff and the Defendant C, the following facts are acknowledged based on the overall purport of the pleadings, and there is no counter-proof.

The Plaintiff is a legal entity that manufactures and sells textile heat treatment apparatus, etc., and the Defendant Company is currently closed as a legal entity that has been engaged in the functional food salt processing business, and Defendant B was the representative of the Defendant Company, and Defendant C was the auditor of the Defendant Company.

B. On July 29, 2011, the Plaintiff entered into a contract between the Defendant Company and the Defendant Company with the content that the Plaintiff shall carry out the extension work of the head office for the textile heat treatment equipment in the price of KRW 60,000 (excluding value-added tax) and the extension work of the head office for the head office at the price of KRW 90,000 (value-added tax separate). The Plaintiff completed the extension work of the head office office on November 21, 201, and completed the installation of the head office on December 10, 201.

(hereinafter referred to as the "facilities of this case" in addition to the above heads of rooms, strings, and singing equipment.

However, while the Defendant Company left 86,826,00 won out of each of the costs of the instant facilities, the contact was interrupted that the Defendant Company closed its business after making the last deposit on December 5, 2013.

On the other hand, around January 2014, the Defendant Company acquired all the facilities owned by the Defendant Company and the Defendant Company, which were used by the Defendant Company, to the Nonparty Company, and accordingly, the Defendant Company was insolvent. The Defendant Company was transferred KRW 450 million (excluding value-added tax) from all the sales proceeds of the facilities owned by the Defendant Company, including the instant facilities, to the Defendant Company B’s personal account.

2. Determination as to claims against Defendant Company and Defendant B

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