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(영문) 서울고등법원 (춘천) 2017.01.18 2016나344
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. In the first instance trial, the Plaintiff claimed damages for failure to perform the management obligation against the Defendant, Co., Ltd., Oral Mastal Mastal Mastal Mastal Mastal Mastal Mastal, Co., Ltd. (hereinafter each “Mastal Mastal Mastal Mastal”, “Mastal Mastal Mastal Mastal Mastal Mastal Mastal Mastal Mastal Mastal Maststal”, and claimed additional management costs against the Plaintiff as a counterclaim. In the first instance trial, the Plaintiff dismissed the Plaintiff’s claim against the Plaintiff for the main claim against the Oral Mastal Mastal and Ostal Mastal Engineering and partly accepted the Plaintiff

In response, only the defendant filed an appeal against the plaintiff, and the plaintiff's claim against the defendant, sirens, and sirens engineering constitutes ordinary co-litigations and thus it is possible to separately confirm it. Thus, the scope of this court's trial is limited to the part of the claim against the defendant.

2. Basic facts

A. From March 2013, 2013, the Plaintiff is a company that operates a golf course in the name of “C” (including 27 holes popular golf course, Mancho course 9 holes, Malaysia course 9 holes, and Belgium course 9 holes; hereinafter “instant golf course”). The Defendant (the transferred trade name was changed to “CELC Co., Ltd.” or the trade name as of January 8, 2015) is a construction company of a golf course.

B. On January 5, 2010, the Plaintiff awarded a contract for the construction of the instant golf course to D Co., Ltd. (hereinafter “D”), and D subcontracted the construction of the instant golf course to the Defendant on March 15, 201 (hereinafter “G,T,B, and F”) on March 15, 201 when performing the construction of the instant golf course.

C. Accordingly, the Defendant performed G,T, B, and F construction from March 16, 201 to May 30, 2012, and D is subject to the foregoing construction.

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