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(영문) 수원지방법원여주지원 2016.06.01 2014가합580
자재인도
Text

1. The Plaintiff (Counterclaim Defendant) is located on the land of 1622m2 square meters prior to 1654 square meters in Seopo-si, Seopo-si, Seopo-si, Seopo-si.

Reasons

1. Basic facts

A. On February 15, 2011, the Defendant concluded a contract for construction works by setting the construction cost of KRW 18.31 billion (including value-added tax) and the construction period from February 15, 201 to December 15, 2012, with respect to the manufacture work on the ground of the joint supply and demand (hereinafter “instant joint supply and demand”) composed of Samsung C&T Co., Ltd. (hereinafter “instant joint supply and demand”) and Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si (hereinafter “TT 636-17 land”).

(hereinafter referred to as “instant manufacturing work” and the said construction work contract is called “instant manufacturing work contract” (hereinafter referred to as “instant manufacturing work contract”).

On March 15, 2011, the Plaintiff concluded each construction contract with the Defendant, setting the construction period of KRW 250 million from March 15, 2011 to April 30, 201, with respect to the new installation work of the temporary office on land (hereinafter “the temporary office of this case”) on the land of the Defendant and the Defendant, which is the site of the instant manufacturing work.

(2) On the other hand, the Plaintiff and the Defendant concluded a contract for the construction of the new construction works of this case, and used the materials listed in the separate sheet (hereinafter “the instant materials”) for the new construction works of this case by the Plaintiff. However, during the use of the instant temporary office for the construction works of this case, the Plaintiff leased the instant materials to the Defendant, and the Plaintiff entered into a special agreement to recover the instant materials upon the completion of the construction works. Accordingly, the new construction contract of this case stated the phrase “Buy-Back Collection Clause” (the owner (the Defendant) period) in the new construction contract of this case.

C. On October 5, 2012, the Defendant settled the construction cost of the instant joint contractors and the instant contract for construction works at KRW 6.49 billion, and the instant manufacturing works.

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