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(영문) 서울남부지방법원 2016.03.17 2015가단215650
대여금
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. The gist of the plaintiff's assertion is that on November 27, 2008, Defendant B Co., Ltd. (hereinafter "Defendant Co., Ltd.") was jointly and severally liable to pay 120 million won to the plaintiff as performance guarantee for removal and waste disposal works performed by Seongbuk-gu Seoul D Co., Ltd. (hereinafter "E reconstruction projects"), the total amount of KRW 6 billion as to F, G, H, etc. around November 27, 2008; KRW 300 million; KRW 300,000,000,000,000 won as the performance guarantee amount for each of the above removal and waste disposal works (hereinafter "J reconstruction projects"); KRW 3 billion as to the plaintiff; KRW 600,000,000; KRW 300,000,000,000 won as the performance guarantee amount for each of the above reconstruction projects; and KRW 300,000,000,00 won as to the plaintiff.

2. Determination

A. We examined the judgment as to the claim against the defendant company, Gap evidence 2-1, 2-2, and 3-1, 2, Gap evidence 4, 6-1, 2, 5, 10, 11, 16, 11, and 12-1, 3-2, Gap evidence 1, 4, 6, and 10-1, 10-5, 10, 11, and 12, which are asserted by the plaintiff, were lent to the defendant company

It is difficult to recognize that the Defendant Company succeeded to the status of K Co., Ltd. (hereinafter “K”), and there is no other evidence to acknowledge this otherwise, and rather, comprehensively taking account of the overall purport of the pleadings in each of the statements No. 1 and No. 10 No. 17 and No. 18, the company’s trade name before and after the mutual change to the Defendant on Mar. 22, 2012 and Dec. 6, 2012.

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