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(영문) 부산지방법원동부지원 2016.10.21 2014가합2753
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 46,204,588 to the Plaintiff (Counterclaim Defendant) and its amount from September 5, 2014 to October 21, 2016.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. The construction standard contract in the name of the Plaintiff and D Co., Ltd. (hereinafter “D”) that newly built a child care center on the parcel outside of Suwon-gu Busan Metropolitan City was prepared three copies.

B. Each standard contract for construction works is classified into a contract that causes a contract amount of KRW 330,00,000 (the supply price of KRW 300,000,000, value-added tax of KRW 30,000,000, and value-added tax of KRW 30,000; hereinafter “first contract”); ② a contract that causes a contract amount of KRW 627,00,000 (the supply price of KRW 570,000, value-added tax of KRW 57,000,000, value-added tax of KRW 57,000,000, and KRW 880,000,000 (the supply price of KRW 80,000, value-added tax of KRW 80,00,000, and KRW 3 contract”); and

C. (1) The contractor for the first contract refers to “trade name: D, name E, and Defendant” and the Defendant’s personal seal is affixed to the name of the contractor for the second contract. (2) The name of the contractor for the second contract includes “D: name; E, and Defendant”; and the name of the contractor for the second contract bears the seal of D’s corporate design.

3. The third contractor for a contract refers to "trade name: D, name E, and defendant" but the seal is not affixed.

Section 12 of the Contract provides that "3 million won/p./p./p./p./p./p./p./p./p./p./p./p./p./p./p./p./p./p./p./p./p. of the contract."

Details of Special Agreement for Construction

1. Such construction shall be built in compliance with the standards for child-care centers on the premise of authorization for child-care centers;

5. Matters excluded from this Corporation shall be as follows:

1) Non-building, non-building, 2. Various electronic equipment 3. Public charges imposed under various authorizations and permissions other than construction 4) other than building sites, such as lead electricity, human-in water supply, contract deposit for artificial sewage, and the burden of causing the person.

6.The finalized area of this construction shall be newly constructed by the final drawing after the safety diagnosis of the building, and the new construction shall be calculated at 3 million won per square meter, and the remodeling shall be 1.5 million won per square meter.

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