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(영문) 창원지방법원 2014.10.16 2013가합31861

청구이의

Text

1. The Defendant’s notary public against the Plaintiff No. 55 of the 2012 deed No. 2010, Jan. 12, 2012.

Reasons

1. Basic facts

A. On October 21, 201, the Plaintiff entered into a contract for construction work with the Defendant to enter into a contract for construction work of a C plant (hereinafter “instant construction work”) with the following:

Period: From October 30, 201 to January 30, 2012

The date of completion refers to the date the defendant completed the construction and requested the plaintiff to complete the construction in writing.

Contract amount: 2/1,000 for liquidated damages in the amount of 300 million won: 2/1,000

B. On January 12, 2012 during the construction period of the instant case, the Plaintiff prepared a notarized deed of debt reimbursement agreement No. 56 (Quasi-Loan for Consumption), No. 56 (Quasi-Loan for Consumption), No. 2010, 2012, that a notary public shall pay 15 million won for the remainder of the instant construction project between the Defendant and the Defendant by May 20, 2012.

C. 1) The Defendant completed the instant construction project, and the Plaintiff obtained approval for the use of the said factory from the Kimhae market on April 16, 2012. 2) The Plaintiff’s construction price is the Defendant, and the Plaintiff’s construction price is KRW 18 million on January 10, 2012, and the same year.

3.7.3 million won, and the same year.

4. A total of KRW 3.4 million, including KRW 9 million, KRW 4 million on March 4, 2013, and KRW 3.4 million on March 4, 2013.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1, 2, 3, 11 through 14, and the purport of the whole pleadings

2. The purport of the Plaintiff’s assertion is that the Defendant is obligated to pay to the Plaintiff the sum of KRW 137,983,836 (i.e., KRW 65,383,83616,698,005,902,00). If the Plaintiff’s claim for damages against the Defendant and the Defendant’s claim for compensation of damages against the Defendant within the scope of equal amount set-off of KRW 59,00,000 against the Plaintiff, the remainder of the construction payment to be paid to the Defendant does not remain. Therefore, compulsory execution based on the instant authentic deed should be denied.

A large number of defects have occurred due to non-construction, defective construction and erroneous construction in a newly constructed C factory by the defendant.