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(영문) 서울중앙지방법원 2016.01.29 2015가합543301
손해배상(지)
Text

1. The Defendant’s KRW 500,000,000 as well as annual 5% from November 30, 2014 to January 29, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the representative director of C (hereinafter “C”) who is engaged in the golf course design business, and the Defendant (hereinafter “D”) is the company that manages and operates the F in E (hereinafter “instant golf course”) in the Inju City.

B. Although the instant golf course had a total of 18 holess in the south nine holes and nine holes in the north, the Defendant was unable to establish a design change plan to extend nine holes to the said golf course on September 2009, and Nonparty 4 Co., Ltd. (hereinafter “Nonindicted Company”) was selected as the aforementioned design change service provider. The Defendant and Nonparty Company entered into a design change contract regarding the instant golf course on January 11, 2010.

C. The non-party company: (a) prepared a design drawings to extend five holes on the east side and four holes on the west side while maintaining the existing south side of and north side of the instant golf course as described in the following drawings by performing design modification services on the instant golf course; (b) and (c) written to the female-gun on April 201, the female-gun was on the west-si level around September 201.

Receiving a decision on an urban management plan from

(1) The following drawings are the upper limit of the area on which the number is indicated is newly expanded, and the golf course lines following the extension of the hole begin with the lower limit in the order of the following numbers and proceed with the visual direction from the lower limit in the order of the following numbers, and are not connected to the south side and north corners.)

D. However, around May 23, 2011, G, who was appointed as the Defendant’s representative director, requested C to present a new design proposal concerning the instant golf course, and instructed Nonparty Company to modify the existing design plan.

E. C produced the modified design map for the instant golf course upon the above request, and published the modified design map as follows at the Defendant’s stockholders’ conference on December 15, 201 at the Defendant’s stockholders’ conference on December 15, 201, and the yellow part among the drawings was newly expanded on C’s design map.

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