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(영문) 서울남부지방법원 2018.05.11 2017가합108494
공사대금
Text

1. Defendant C’s KRW 15,039,576 and its annual amount from October 1, 2013 to May 11, 2018, and the following:

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is the inside director of D Co., Ltd. established on April 4, 201 with its business purpose as a reinforced concrete construction business, etc., and the Plaintiff’s spouse is the representative director of D Co., Ltd., the Plaintiff’s spouse. 2) F Co., Ltd. is a corporation incorporated on May 10, 2012 with the Plaintiff’s fish farming business, etc. as its business purpose, and Defendant C is the auditor and Defendant C’s spouse.

B. 1) From around 2008, Defendant C engaged in the instant construction business in the mutual name of “H” from Jeju City. 2) Defendant C decided to newly build seedlings on the said I and three lots, which are adjoining land adjacent to the said existing breeding site, and entered into a contract between the Plaintiff and the Plaintiff, who engages in the construction business under the trade name of J on July 1, 2010, for the construction business of the Kri seeds and seedlings Construction Corporation (hereinafter “the instant construction business”). The written contract was drafted in the name of Defendant B.

3) As a result of the expansion of the scale of the instant construction, including the new construction of seeds and seedlings and the extension of the existing H aquaculture map, Defendant C, under his own name, on March 13, 2012, with respect to the Plaintiff and the instant construction work, KRW 1.264 billion, and the scheduled completion date of the instant construction work (hereinafter “the second contract”) October 30, 2012.

(C) On June 17, 2013, the written contract and written confirmation of the completion of the construction works were prepared on June 17, 2013. On the other hand, with respect to the instant construction works, a contract agreement signed on September 30, 2015 (hereinafter “instant third contract”) signed on June 17, 2013, which is KRW 1.264 billion in the contract amount, KRW 150 million in the additional construction cost, KRW 150 million in the additional construction cost, and KRW 1.2 billion in the completion date of the construction works.

2) In addition, with respect to the instant construction project, a contractor FF fishery partnership corporation, D, date of preparation on June 17, 2013, the original contract amount of KRW 1.264 billion, the additional construction amount of KRW 150 million, the total construction amount of KRW 1.414 billion (hereinafter referred to as “instant construction”).

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