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(영문) 서울중앙지방법원 2018.07.04 2017가합506696
공사대금
Text

1. The Defendants jointly share KRW 240,000,000 with respect to the Plaintiff and Defendant A Co., Ltd. from February 17, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that manufactures and installs wooden products, and Defendant A (hereinafter “Defendant Company”) is a company that aims at artificial fishery, etc., and Defendant B is the representative director of the Defendant Company.

B. Defendant B, as an individual business entity before the establishment of the Defendant Company, ordered the Plaintiff to contract for the manufacture and installation of architectural wood products necessary for the construction of exhibitions and its installation in a number of times from around 2012 to around 2014. While the Plaintiff completed the contracted construction, the Plaintiff was not paid KRW 240,000,000 out of the construction cost.

C. Defendant B established the Defendant Company on February 17, 2015, and was appointed as the representative director. D.

On December 2, 2015, Defendant B, at the Plaintiff Company’s office, made a written pledge of payment of the following forms and construction cost (hereinafter “instant pledge”) with the Plaintiff’s employees C, by means of a computer, and printed out the written pledge of payment of the following forms and construction cost at the Plaintiff Company’s office: (a) the Plaintiff’s seal impression or name plate was affixed to the Plaintiff and the Defendants; and (b) one copy was affixed to each

E. “Surety B” at the bottom of the instant pledge is not an individual seal impression of Defendant B, but the seal impression of the Defendant Company is affixed thereto, and under which the name seal of the Defendant Company is affixed.

However, the pledge of this case is accompanied by the certificate of respective personal seal impression of the plaintiff and the defendant company, the certificate of business registration of the defendant company, the certificate of personal seal impression of the defendant B, and the copy of the driver's license of the defendant B, and the pledge of this case and the attached documents are affixed with the seal impression of the defendant company

F. Meanwhile, the part of “D and E” written in “Surety B” column of the instant written pledge is an additional entry after the Plaintiff’s representative director made the instant written pledge.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 10 (including branch numbers, if any) and the purport of the whole pleadings

2. The arguments of the Parties; and

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