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(영문) 대구지방법원서부지원 2017.07.12 2016가단50997
계약금 반환 등
Text

1. The Plaintiff:

(a) Defendant Daehan, Inc., and B, jointly and severally 23,691,540 won;

B. Defendant C shall be 1,870.

Reasons

1. Basic facts

A. The status of the party is the owner of the fourth floor building on the land in Daegu-gu (hereinafter “instant building”) and the individual entrepreneur who runs the above building leasing business, and the defendant multilateral elevator Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is the company operating an elevator installation business, the defendant Co., Ltd. is the individual entrepreneur who engages in the construction business in the name of “E”, and the defendant C performs supervision business in the name of “F architect office”.

B. 1) The Plaintiff leased the first floor to a commercial building and the second and fourth floors for the purpose of a private teaching institute. The number of vehicles that can be parked in the building is merely three and is accordingly limited to the fourth floor area of the building. As the area of the fourth floor is limited by the relevant statutes, the Plaintiff plans to extend the area of the fourth floor of the building as much as possible. On July 15, 2015, the Plaintiff planned to extend the number of vehicles that can be parked in the building as 4.

After entering into a design contract with AT 3-3(1)/3(3) type mechanical parking machine (hereinafter “ATP”) being manufactured and sold by AT, Inc. (hereinafter “APP”) at the end of the consultation with the PPP, the Plaintiff determined that one type of mechanical parking machine (hereinafter “the instant parking machine”) was installed in the instant building as indicated in the attached Form No. 1 and four types of mechanical parking spaces, thereby securing a total of 1 parking spaces for self-owned vehicles and 3 parking spaces for mechanical parking vehicles.

C. 1) In order to secure parking spaces necessary for the extension of the building of this case, the Plaintiff entered into a contract and a supervision service contract, as above, 2,240,000 won (including value-added tax; hereinafter the same shall apply) between the Patom and Patoming on September 17, 2015.

The payment period shall be determined by October 22, 2015.

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