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(영문) 전주지방법원남원지원 2015.02.05 2013가합674
청구이의
Text

1. Certificates drawn up on October 29, 2012 by the Defendant’s notary public against the Plaintiff, signed on October 29, 2012.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established for the purpose of jointly producing and fostering racing horses, and is operating C stock farm.

On the other hand, the C farm site is divided into two parts in the slope area.

B. Around 2011, the Plaintiff, who runs a construction business, made an oral contract for installation of fences and roof installation works of a group of columns and roof installation works of a group of columns (hereinafter referred to as “one-class roof installation works”), the 2nd stables and roof repair works (hereinafter referred to as “second-class roof repair works”), mainly (one-class) and outdoor eaves (second-class) to the Defendant, who signed a construction business, and six-class roof installation works.

(hereinafter referred to as “instant contract”). After doing so, on August 25, 201, the Defendant drafted a construction work contract by setting the name and amount of the goods supplied as follows:

EA 1 55,000,000 55,000,000,000 MA 185,000,000 185,000,000 u-pC safety facilities M 400,000 u-pC 20,000 20,000 u-pC 20,000 260,000 in total

C. From September 201, the Defendant, from around September 201, had D, an employee of the Defendant’s side, permanently stationed in C farm and carried out part of the two roof repair works. Around November 201, the Plaintiff agreed to pay directly the materials cost for the subsequent construction work between the Plaintiff and the Plaintiff (the so-called “contest payment”). Accordingly, the Plaintiff paid the materials cost directly to the Plaintiff and completed the first roof installation works and the second roof repair works.

From December 2, 2011, the defendant mainly started installation works for fences and out-of-the-door installation works (the first part) and the second part (the second part).

After that, the defendant filed a criminal complaint against the plaintiff representative director on October 29, 2012 on the ground that the plaintiff did not pay the construction cost, and the plaintiff and the defendant filed a criminal complaint on October 29, 2012 during the investigation, and the following contents are as follows:

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