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(영문) 서울고등법원 2014.10.30 2014나14285
정산금 등
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the money that orders payment below is equivalent to the plaintiff (Counterclaim defendant).

Reasons

1. In the first instance trial, the Plaintiff filed a claim against the Defendant for each of the loans of KRW 15 million on January 23, 2009 against the Korea Electric Power Corporation D branch, I branch, M branch construction, the Plaintiff’s claim for the settlement of accounts related to the construction of the Busan District Office of Education, the amount of KRW 30 million on January 23, 2009, and the amount of KRW 15 million on April 27, 2009.

In this regard, the defendant filed a claim against the plaintiff for reimbursement based on the payment by subrogation of the amount of promissory note as a counterclaim, a claim for reimbursement based on the payment by subrogation of national tax, and a claim for a loan of KRW 35 million on October 29, 2008.

The court of first instance dismissed all of the Plaintiff’s principal claim (Provided, That with respect to the claim for the amount of liquidation related to the construction works of the Busan District Office, the Plaintiff filed a claim with the primary defendant and C Co., Ltd. as the primary defendant, and the court of first instance dismissed the claim against the primary defendant and accepted the claim against the primary defendant, and this part was excluded from this Court’s judgment because both parties are not dissatisfied with this claim). Of the Defendant’s counterclaim, the claim for indemnity based on the subrogation of the amount of promissory notes, the claim for the amount of indemnity based on the payment by subrogation of national

In this regard, only the plaintiff appealed on the claims for reimbursement from the Korea Electric Power Corporation among the claims for reimbursement related to D Branch and I Branch Corporation among the claims, and the claims for reimbursement from each of the counterclaim claims, the subject of the judgment of this court is limited to the above parts.

The following shall be judged together with respect to the principal lawsuit and counterclaim.

2. Basic facts

A. Under the contract for the Korea Electric Power Corporation (1) Korea Electric Power Corporation (hereinafter “Plaintiff, regardless of whether it was before or after the change of the Plaintiff’s trade name; hereinafter “the change”), the Korea Electric Power Corporation (hereinafter “Korea Electric Power Corporation”) established on December 22, 2006 and the Korea Electric Power Corporation (hereinafter “D”) established on December 22, 2007 as estimated contract amounting to KRW 2,737,970,40 (the supply price of KRW 2,489,064,00, value-added tax amounting to KRW 248,906,406,40).

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