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(영문) 부산지방법원 2015.12.17 2014가단14920
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) pays KRW 51,295,032 to the Plaintiff (Counterclaim Defendant).

2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.

Reasons

Basic Facts

On February 1, 2013, the Plaintiff drafted a contract agreement (Evidence No. 18) with respect to the new construction of his factory (hereinafter “instant construction”) within a development project district in Gyeyang-si, Yangsan-si (hereinafter “instant construction”) and the construction cost of KRW 6.5 million (including value-added tax), February 13, 2013 on the commencement date, and April 30, 2013 on the completion date of the construction project, with one copy of the general terms and conditions of the private construction contract, the construction contract, the special conditions, the design and the calculation specifications attached thereto, respectively.

In the process of partial progress of the instant construction, the Plaintiff and the Defendant entered into a contract for the instant construction project with D upon the introduction of D due to the occurrence of circumstances under which new construction is unable to maintain contractual status.

(hereinafter “instant contract”). The contract document prepared between the Plaintiff and the Defendant (hereinafter referred to as “instant contract”) is written as follows: (a) KRW 6.5 million for the construction cost (including value-added tax); (b) March 26, 2013; (c) April 30, 2013; and (d) March 26, 2013; and (e) March 26, 2013; and (b) written as attached documents, one of the general contract terms, contract terms, special conditions, design and calculation sheets for private construction works.

On March 30, 2013, the Defendant entered into a contract with E Co., Ltd. (hereinafter referred to as “E”) to subcontract the instant construction project with the period specified as KRW 39 million for the construction cost (excluding value-added tax), April 1, 2013, and May 30, 2013 as the date of commencement of the relevant construction project.

(B) No. 2). The Plaintiff submitted the instant contract to the Company Bank and received a loan from the Corporation.

On April 18, 2013, the Defendant received a report completion certificate on the commencement of the instant construction works from the Yangsan market.

The construction cost that the Defendant received directly from the Plaintiff is KRW 150 million on April 23, 2013, KRW 150 million on April 24, 2013, KRW 172 million on April 24, 2013, KRW 167 billion on July 19, 2013, KRW 59 million on August 30, 2013, and KRW 20 million on August 30, 2013.

A building newly constructed by the instant construction project.

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