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(영문) 대구지방법원김천지원 2016.01.22 2014가합2788
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s re-subcontract and completion of the construction work are 1) Hando Construction Co., Ltd. (hereinafter “ Hando Construction”).

[1] The Corporation was awarded a contract for the new construction of the Company B from Liman Development to Liman Construction Co., Ltd. (hereinafter “Yijin Construction”).

(2) On October 9, 2010, the Plaintiff was awarded a subcontract for the construction of a golf club in the above construction project by Handomin Construction. (2) On or around February 9, 2010, the Plaintiff completed the instant construction project on or around 38,50,000 during the construction of the above golf club, and on February 17, 2010, KRW 38,50,000 during the painting construction project, and on July 30, 2010, the Plaintiff was sub-subcontracted with Jin Construction with the amount of KRW 270,380,00 (hereinafter “instant re-subcontract”). The Plaintiff completed the instant construction project on or around February 9, 2010 (hereinafter “instant construction”).

B. The Plaintiff’s practice and repayment of B2B loan 1) Our Bank Co., Ltd. (hereinafter “Korea Bank”).

(2) On December 2004, Jinjin Construction made a mutual support agreement on the “B2B Loan Contract” to the partner company to pay the amount of credit sales on the Hando Construction as collateral by Korea’s partner company (transaction) made a loan from Korea bank by offering credit sales on the Hando Construction as collateral. Hando Construction made a repayment to the partner company by paying the amount of credit sales on the date of payment of credit sales bonds, and then renewed each year after the partner company entered into a mutual support agreement on the “B2B Loan Contract.” 2) In relation to the instant construction payment, Hanjin Construction made a request for a direct payment on each amount entered in the “the date of preparation of the “the date of the written written written written written written written written written written written written written written written written written written written written written written consent for the non-payment” as stated in the attached list. The Plaintiff received each electronic sales credit on the same amount as the written written written consent for the non-payment from Hando Construction.

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