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(영문) 대전지방법원천안지원 2016.07.13 2015가단12761
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 14,245,432 to the Plaintiff (Counterclaim Defendant) and its related amount from June 6, 2015 to July 13, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff, the Defendant, and the Plaintiff in the status of C are running each manufacturing business or construction business with the trade name “D”, and the Defendant is running each manufacturing business or construction business with “E”.

“E” is the name of the representative, but the actual operation is the defendant, and C, the defendant's wife.

(B) The act of the Defendant and C is not distinguished in the following. It is not easy to distinguish between the Defendant’s act and C, and the act of the F or the Plaintiff with respect to this case is also effective to the Defendant.

The Defendant entered into a subcontract contract related to Gasan Business Place for four times as follows: (a) the Defendant entered into a subcontract contract related to Gasan Business Place for four times from September 2013 to December 2013, 2013:

(1) Each of the following subcontracted works shall start on September 30, 2013: 1 G WF-1L, 8-1L, 8-1L, 8-2L, 200, 200, 30, 30, 20, 30, 20, 200, 30, 20, 30, 20, 20, 30, 200, 30, 20, 200, 30, 200, 20, 30, 20, 200, 30, 200, 20, 30, 30, 200, 20, 30, 200, 30, 30, 200, 30, 200, 20, 30, 200, 30, 2013, G-13, 208, 2013, 7, G20

C. F’s implementation of each of the instant construction works and the Plaintiff’s provision of goods and services (i) the Defendant had F perform each of the instant construction works on September 2, 2013 to December 2, 2013. At the time, the Defendant manufactured and sold F a name tag stating that the Defendant is “E Vice Minister” to F. F. 2).

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