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(영문) 창원지방법원통영지원 2020.01.08 2019가단25287
손해배상(기)
Text

1. The counterclaim claim is dismissed.

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

Reasons

1. Basic facts

A. Counterclaim is a company with the purpose of housing construction and sales business, real estate development business, etc., and the counterclaim Defendant is a company with the purpose of developing and supplying residential buildings, business management, and business management agency business.

B. On September 8, 2017, the Plaintiff entered into a contract for construction of “Gtel” with F Co., Ltd. and “Gtel” on the land of 2,670 square meters, including macro-si, with the scale of 4 stories above ground, 19 stories above ground, and 336 households below. On March 31, 2016, E Co., Ltd. entered into a contract for construction of the instant officetel with E Co., Ltd., and agreed to change the contractor’s name and officetel name. On June 29, 2017, the Plaintiff entered into a contract for construction of “Gtel” with F Co., Ltd. and the management-type land trust agreement with H Co., Ltd. and H Co., Ltd.

C. From September 15, 2017, the Lessee began to sell the said officetel. However, from January 15, 2018 to January 2018, the sales rate of 12 households among 336 households was low, and the officetel is to be changed to “living facilities and general commercial facilities (living accommodation facilities)”. On January 18, 2018, the Counterclaim Defendant and the Counterclaim Defendant should enter into a contract with the Counterclaim Defendant regarding the change of the development project of “Gteltel” on the ground of 2,670 square meters at the time, which was promoted by the Lessee, with regard to the details of the Counterclaim Defendant’s first plan (market research, development agreement, business plan, development strategy, promotion strategy, etc.), overall planning of design and project, construction, brand, real estate, sales agency, advertising agency and other services, such as the selection of the contractor, support for the occupation of the business, management of value-added tax, etc. (hereinafter “the details of the instant service contract”).

The counterclaim defendant is the counterclaim defendant.

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