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1. Ulsan District Court Decision 2004j3808 compensation against the defendant among the lawsuits in this case.
Reasons
Based on the facts, the Defendant’s damage claim and the instant payment order confirmed on November 1, 1999, the Defendant awarded a contract to D Co., Ltd. (hereinafter “D”) for the construction work for constructing five factories of the same scale above the five above the five parcels above the Busan Seo-gu E and five parcels (hereinafter “instant new construction work”). D was established on April 27, 2001 (Evidence No. 5), and 3-B below.
As recognized in paragraph (1), the plaintiff B and the defendant become the party to the contract for the new construction of the factory of this case, and the corporation established by the plaintiff B thereafter agreed to succeed to the rights and obligations of the plaintiff B under the above contract, and as a subsequent establishment, the contractor of the new construction of the factory of this case shall be deemed as D.
D The additional construction cost is required and the construction is delayed, and the damage was incurred due to the wind that the D does not properly implement it.
On March 7, 2002, the Plaintiff, the representative director of D, agreed that the Plaintiff Company A (hereinafter referred to as the “Plaintiff Company”) who was actually operating as the representative director, transferred the amount equivalent to 29,700 square meters of the land secured by the development recompense for factory site in Gyeyang-si (hereinafter referred to as the “instant project”) to the Defendant for the purpose of security (However, if settlement is completed, the contract will be terminated) and further, on November 18, 2002, the Plaintiff Company B, the representative director of D, agreed that the Plaintiff Company, as the representative director, shall be jointly and severally liable for the Defendant’s liability.
The evidence No. 7 and No. 2-1, No. 2-2, the plaintiffs did not perform the above commitment, and the defendant applied for a payment order against the plaintiffs on September 3, 2004 (Ulsan District Court Decision 2004Guj3808, hereinafter "the payment order of this case") to the same month.
7. According to the statement in Gap evidence No. 1,214,687,824, the plaintiff jointly and severally filed against the defendant, the amount of damages that the defendant seeks in the annexed claim No. 1,214,685.