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(영문) 대전지방법원 2018.11.14 2017가합203
손해배상 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of engineering work, etc., Defendant A and B, and Defendant C are the representative director of Defendant A and B. (Defendant A was dissolved pursuant to Article 520-2(1) of the Commercial Act on December 11, 2017).

B. On November 12, 2009, the Plaintiff and Defendant A entered into a contract for construction works with the Plaintiff, setting the contract amount of D New Construction Works (hereinafter “instant construction”) at KRW 9933,00,000 (including value-added tax) and the construction period from November 20, 2009 to November 19, 2010.

(hereinafter “instant contract”). Project name: E project (hereinafter “instant project”).

1. The plaintiff shall accept the business right and enforcement corporation of defendant A.

The acquisition price shall be KRW 2 billion, including a defect in the certified copy of the register, and the balance of the acquisition shall be paid after the completion of the object of the project.

2. A total of KRW 100 million, generated from the creation of a collateral security (90 million), provisional seizure, and other expenses, which occurred from a project site before November 30, 2009, must be resolved at the Plaintiff’s responsibility, and the period for resolution shall be the maximum cooperation of Defendant A at the Plaintiff’s request.

3. As of December 1, 2009, the Plaintiff shall bear interest and financial costs on the establishment of the collateral security (900 million won) of the project site as of December 1, 2009.

5. In order to ensure the successful completion of the project, the Plaintiff shall pay the land contract amount and intermediate payment for the funds required by the starting system, the farmland diversion charges, and the contribution in the project site in arrears, during 12 months, and start the project within the period after consultation with the designing office.

C. On December 5, 2009, the Plaintiff and Defendant A drafted an agreement with the following contents:

(hereinafter “First Agreement”) d.

The Plaintiff’s land purchase price of KRW 20,856,00 in relation to the instant business from December 2, 2009 to January 201, 201, and KRW 104,670 in relation to the construction permit (=30,00 in property tax of KRW 18,00 in property tax of KRW 86,670), respectively.

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