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Reasons
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(영문) 춘천지방법원강릉지원 2016.11.22 2015가합5715
손해배상(기)
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1. The Defendant’s KRW 348,405,00 for the Plaintiff and KRW 5% per annum from December 12, 2015 to November 22, 2016.

Reasons

1. Basic facts

A. On March 13, 2015, the Plaintiff and D Co., Ltd. (hereinafter “D”) signed a construction contract and paid the construction cost.

B) As between D and D, the Plaintiff’s construction of a new living accommodation facility on the fifth underground floor above the ground of Yangyang-gun E (hereinafter “instant construction”).

(2) On March 17, 2015, the Plaintiff paid KRW 30 million as construction price to D in accordance with the above construction contract.

B. On March 27, 2015, the Plaintiff prepared a written contract between the Plaintiff and the Defendant to provide that “The Plaintiff shall contract the instant construction work to the Defendant with the amount of KRW 770 million (including value-added tax), but the down payment of KRW 165 million is KRW 100 million on March 30, 2015; the intermediate payment of KRW 360 million on May 20, 2015; and the remainder of KRW 240 million on August 1, 2015 (hereinafter “instant construction contract”).”

The construction contract of this case includes the same details as the attached Form 1.

C. The Plaintiff prepared the CM contract between the Plaintiff, C, and the Defendant on the date of the instant construction contract (hereinafter referred to as “C”), the Defendant, and the Plaintiff (hereinafter referred to as “C”), and the Plaintiff, “the Plaintiff,” providing services to the Plaintiff as to the overall management of the instant construction project, and the Defendant provided a passbook, etc. to receive the payment of the price for the instant construction project and entrusted the execution of the instant construction contract by providing it to C.” (hereinafter referred to as “CM contract”). The main contents of the CM contract include the same as attached Table 2.

The Plaintiff paid the Plaintiff’s money to the Defendant’s account on March 30, 2015, KRW 165 million, KRW 200 million on May 29, 2015, KRW 200 million on July 6, 2015, and KRW 526 million on August 10, 2015.

On August 21, 2015, the Plaintiff deposited KRW 110 million to C account on deposit.

(e).

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