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(영문) 대구고등법원 2014.11.26 2013나20350
손해배상(기)
Text

1. It shall modify the judgment of the first instance, including a partial change in the trial and the Plaintiff’s claim added.

Reasons

1. Requests for the delivery of aggregate sand;

(a) The following facts of the recognition do not conflict between the parties, or are recognized by the overall purport of the pleading and the statement in Gap evidence Nos. 1-1, 3, 5, 2-6, 10-15, 17, 18, 33 and Eul evidence Nos. 1-1 (including the numbers when they are not specially indicated; hereinafter the same shall apply), and there is no counter-proof.

1) Around February 24, 2010, the C reservoir dredging project D, E, F, G, and the Defendant jointly implemented the Korea Rural Community Corporation and L reservoir C (dam) dredging project, which are managed by the Seongbuk-gun branch office of the Korea Rural Community Corporation, and the proceeds from the project shall be distributed at the rate of 30%, E, F, and G, and the contract for dredging projects with the Korea Rural Community Corporation shall be concluded in the name of the Defendant. Around March 8, 2010, the Defendant agreed that the dredging project shall be concluded in the name of the Defendant. Around March 8, 2010, between the Seongbuk branch office of the Korea Rural Community Corporation and the Seongbuk branch office of the Korea Rural Community Corporation, “the Defendant shall dredge C reservoir at the rate of 420,00 cubic meters from C reservoir to May 31, 2012, and take the dredging project out of Korea” (hereinafter referred to as “the first dredging project contract”).

(2) Around June 23, 2010, the Plaintiff entered into a contract for the purchase and sale of aggregate with the effect that “the Plaintiff shall sell to the Plaintiff at a unit price of KRW 6,000 metres 20,000 in cubic metres” (hereinafter referred to as “the first contract for the sale of sand”) between the Plaintiff and the Plaintiff (Article 6) (Article 106,00,000) and the Plaintiff paid KRW 106,00 to E, the Defendant (the representative director D at that time) paid KRW 106,00 to E on October 6, 2010.”

If the Defendant did not supply only part of the dredging sand 17,600 cubic meters stated in the above written confirmation until February 2012, the Plaintiff did not supply the remainder. The amount claimed around May 2012 is KRW 156,00,000.

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