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(영문) 부산고등법원(창원) 2015.03.19 2012나4858
지체상금(일부금)
Text

1. The Defendant (Counterclaim Plaintiff)’s appeal against the instant principal lawsuit is dismissed.

2. The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff).

Reasons

1. In the first instance court’s trial scope, the Plaintiff sought payment of liquidated damages against the Defendant as the principal lawsuit. The Defendant, as a counterclaim, sought payment of KRW 415,400,000 (=830,500,000 - 415,100,000) from the Plaintiff. The court of first instance accepted the principal lawsuit in part and dismissed the counterclaim claim.

On this issue, the appeal was filed against the part of the claim by the defendant only.

Therefore, in the trial court, only the part of the principal lawsuit except for the part of the counterclaim claim which the defendant did not appeal against the defendant shall be judged as the object of the judgment.

2. Determination as to the cause of the principal claim

A. 1) The Plaintiff received proposals on the construction specifications and details from H, who is the actual operator of L, who is the Defendant’s partner and the head of the Defendant’s office, and on July 25, 201, between the Defendant and the Defendant, the construction of a new fishery partnership corporation A (hereinafter “instant building”) to the Defendant.

2) The term “instant construction contract” refers to a contract agreement under which a contract is to be made (hereinafter “instant construction contract”).

1. The name of the Corporation: A Fisheries Partnership (HACCP New Construction Corporation)

2. Site location: C, D, E, and F in the South Sea of Gyeongnam.

3. Commencement of a construction period: on July 26, 2011: The amount of contract on November 15, 2011: KRW 830,500,000 for daily gold: KRW 830,500,000 for KRW 830,000 for KRW 755,000 for KRW 75,000 for KRW 75,000 for value-added tax: KRW 1,000 for KRW 75,50,000 for KRW 75,000 for daily gold.

5. Advance payment (as of July 26, 201): 10% intermediate payment of KRW 30,000,000,0000 per day: KRW 249,150,000 per day (as of August 15, 2011): KRW 10,000,000 per day (as of August 30, 201): KRW 83,050,000 per day (as of August 30, 201): KRW 10,000,000 per day (as of September 25, 201): KRW 83,00,000 per day (as of September 25, 201: KRW 83,000,000 per day (as of September 25, 201): KRW 10,000,0000 per day, KRW 15,0000 per day (as of August 15, 2011).

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