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(영문) 대구지방법원 영덕지원 2017.03.23 2016가합1054

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic facts are: (a) on March 22, 2013, the Plaintiff entered into an agreement with the Korea hydroelectric Power Co., Ltd. (hereinafter “Korea hydroelectric Power Co., Ltd.”) on the support of the residents’ livelihood countermeasure projects with the content that the project cost of KRW 2 billion should be subsidized to the Gyeong-gun, the E, F, and G G to create the Agricultural Tourism Complex (hereinafter “Korea hydroelectric Power Co., Ltd.”) in order to receive the living support of the residents of the Dauri in accordance with the construction of a nuclear power plant (hereinafter “instant project”); and (b) Defendant B was the representative director of the Plaintiff at that time.

In order to carry out the instant project, the Plaintiff entered into a contract as follows, and paid some of the amount of the subsidy received from the Korean hydroelectric power plant:

On April 4, 2013, the Plaintiff entered into a technical service contract with the content that the Plaintiff may request Jyang Comprehensive Engineering Co., Ltd. to provide the cost of KRW 50 million for permission for development activities, and paid KRW 27.5 million on April 26, 2013.

On April 8, 2013, the Plaintiff entered into a design agreement with Samsung C&C architect, Inc., with the content of requesting construction design at KRW 30 million, and paid the total amount of KRW 24 million on April 26, 2013 and KRW 12 million on February 10, 2014.

On April 10, 2013, the Plaintiff entered into a construction contract with Defendant C (the representative of Defendant B’s wife) under which the construction cost is KRW 1.648 billion (hereinafter “instant construction contract”), and paid KRW 198 billion around April 25, 2013, and KRW 228 million in total, on January 10, 2014.

On November 20, 2013, the Plaintiff entered into a contract for a construction project with I Co., Ltd. with the content that the contract for the construction work amounting to KRW 1.388 billion, and paid KRW 229 million on January 21, 2014.

(hereinafter referred to as “each of the instant contracts” in entirety, including the instant construction contract. There is a defect in the Plaintiff’s application for approval of the tourist farm development project plan for the instant project to the Ulsan-gun around November 19, 2013.