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(영문) 수원지방법원 2015.08.21 2014가단41847

손해배상(기)

Text

1. The Defendant’s KRW 9,576,273 as well as the Plaintiff’s annual rate from July 19, 2014 to August 21, 2015.

Reasons

1. Basic facts

A. A. On August 2010, the Plaintiff: (a) around August 2010, the Defendant performed the construction work by setting the construction period of KRW 630 million from August 8, 2010 to December 2010; (b) the construction work for construction of traditional Korean-style houses on the first floor located in Suwon-si Line C; and (c) the construction work for construction of traditional Korean-style houses on the first floor (hereinafter “instant construction work”).

B. On August 17, 2011, the Plaintiff filed a lawsuit against the Defendant for the payment of KRW 151,385,162, including the payment of the construction cost, as the Suwon District Court Decision 201Gahap16090, supra.

C. On September 8, 2011, the Defendant filed an application for provisional seizure of real estate against the Plaintiff on the attached list (hereinafter “each of the instant real estate”) by asserting that the Plaintiff had a claim of KRW 329,50,000,000,000,000,000 (i.e., the claim for the return of the construction cost paid in excess, KRW 87,000,000,000,000,000,000,000,000) and filed a claim for provisional seizure of real estate against the Plaintiff on September 20, 201, each of the instant provisional seizure claims of KRW 100,000,000,000,000,000,000,000,000 won (hereinafter “the instant provisional seizure”). On November 11, 2011, the Defendant received a claim of KRW 15,501,010,000,000.

E. In addition, in the above Suwon District Court case No. 201Gahap16090, the Defendant asserts that KRW 332,852,903, such as the defect repair cost, which is the claim for each of the instant provisional seizure claims, is offset against the claim for the said construction cost, etc., on the other hand, as a counterclaim, the said construction cost, etc. shall be the court 201Gahap17482 against