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(영문) 대구지방법원 2014.06.12 2012가단65055

손해배상(기)등

Text

1. The Plaintiff, Defendant Seaman Co., Ltd.: KRW 36,671,250, and Defendant from April 13, 2013.

Reasons

1. The judgment as to the claim against Defendant Seas Co., Ltd. (hereinafter “Defendant Seas”) (hereinafter “Defendant Seas”), and the trade name around 2011 was Korea Agricultural Resources Co., Ltd.)

A. 1) The Plaintiff is a person who operates a swine breeding farm under the trade name of “C farm” in Yongcheon-si B. The Plaintiff is a company whose purpose is farming, livestock farming, food production, processing, and sales business, livestock excreta treatment business, design and construction business of livestock excreta treatment business, etc. (2) around 2011, the Plaintiff received instructions from public officials in charge of Youngcheon-si to provide subsidies of KRW 100 million for each facility in order to induce the installation of livestock excreta treatment facilities. On August 2, 2011, the amount of construction work is KRW 160,000 (subsidies KRW 100,000,000,000,000 won for livestock farmers) and the commencement date of construction work is KRW 50,000,000,000,0000,0000,0000,0000,000,000,000,000,00,000,00,00.

[A] Defendant Seah’s contract against Defendant Seah’s 5 did not relate to the instant construction contract, but rather to the instant construction contract, and was executed separately from the instant construction contract by separating the contract details for the remainder of KRW 100 million after the Plaintiff performed construction work, such as installation of liquid manure storage tank. As such, Defendant Seah’s new construction contract did not include any broken-off pumps at which the cost of repair of defects is at issue in this case. However, in full view of each description of subparagraphs 1 and 5, and the purport of the entire argument as to witness D’s testimony, the aforementioned two construction contract (Articles. 1 and 5).