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(영문) 광주지방법원 2016.11.17 2014가합57244
손해배상(기)
Text

1. Defendant B’s agricultural partnership shall pay to the Plaintiff KRW 484,625,501 as well as its annual interest from March 30, 2016 to November 17, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of civil engineering work business, etc.; Defendant B farming association corporation (hereinafter “Defendant corporation”) is a corporation established for the purpose of processing, selling, and transporting livestock excreta; Defendant C is the spouse of Defendant C who is the representative director of the Defendant corporation and the Defendant corporation.

B. On February 3, 2006, the Defendant corporation selected the “E business” of the Defendant corporation received a notice from G on December 16, 2009 that the Defendant corporation was additionally selected as the “E business” subject to the construction of foul waste treatment plants by taking into account subsidies of KRW 2,400,000,000, self-paid charges of KRW 600,000,000, while carrying out other fertilizers and nitrogen compounds manufacturing business.

C. The Defendant corporation, which entered into a contract for restoration work of damaging forests and fields, tried to newly construct a foul waste treatment plant in H (hereinafter “instant real estate”), and there was a need for restoration work of damaged forests and fields (hereinafter “ restoration work”) on the instant real estate to be done prior to the construction thereof.

Accordingly, the defendant C proposed that the plaintiff be entrusted with the above restoration work on September 2010, and the plaintiff accepted it.

On October 15, 2010, the defendant corporation, which started restoration work of the plaintiff, applied for the approval of the plan for restoration at F. F. F. on October 25, 2010. The plaintiff started restoration work from the end of October 2010.

E. On February 16, 201, the Defendant corporation entered into a subcontract agreement with the Defendant corporation and the Plaintiff, with respect to the construction cost of 3,300,000,000 won for the entire construction works of excreta treatment plants, and the construction period from February 21, 2010 to September 30, 2010, and the Plaintiff entered into a subcontract agreement with the Defendant corporation with respect to the construction cost of 2,035,000,000 won for the entire construction works of excreta treatment plants (hereinafter “civil construction works of excreta treatment plants”). In February 25, 201, the Plaintiff entered into the subcontract agreement with the Defendant corporation with respect to the construction cost of 2,035,00,000 won for the construction works of excreta treatment plants.

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