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(영문) 제주지방법원 2019.02.08 2017가단3757

손해배상(기)

Text

1. Defendant (Counterclaim Plaintiff) C: (a) KRW 26,165,591 against the Plaintiff (Counterclaim Defendant) and its related amount from April 29, 2017 to February 8, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. Defendant C has registered his business with the trade name “D” in the name of Defendant B, the wife, and has been engaged in business such as the establishment of plastic houses.

B. From October 2015, Defendant C entered into a contract with the Plaintiff on October 2015, to set a construction period of KRW 182 million from November 1, 2015 to February 28, 2016, on the land of KRW 9,584 square meters on the land of KRW 2,060 on the land of KRW 9,584,00,000 in Jeju owned by the Plaintiff, Defendant C entered into a contract with the Plaintiff for construction of a new warehouse of KRW 76 square meters (breadth 9,000) and KRW 48 square meters (breadth 10,000,000 in the name of Defendant B (breadth 10,000,000 in length, 16,000 in length, and 20,000 won in the name of the Plaintiff.

C. Defendant C performed each of the above construction works (hereinafter “instant construction work”), and received a total of KRW 190 million from the Plaintiff’s account in the name of Defendant B to the construction cost up to March 24, 2016.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3, and Eul No. 2 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) failed to complete the instant construction work by the Defendants jointly operating “D”, and the 51,984,476 won was spent at the repair cost. 2) The Plaintiff agreed to deduct the Defendants’ construction cost of KRW 550,00,000 from the construction cost of the instant case, and KRW 4,00,000,000, which the Plaintiff paid to F for water spraying.

3) Even if the Plaintiff deducts the amount of KRW 12 million ( KRW 182 million - KRW 190 million - KRW 100 million) from the amount of money in the instant case that the Plaintiff failed to pay to the Defendants, the Plaintiff also deducts the amount of KRW 45,484,476 ( KRW 51,984,476 KRW 550,00) from the Defendants.