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(영문) 대구지방법원서부지원 2013.08.29 2012가합2997
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable for the Defendant’s M&D loan, and the Defendant’s M&A club.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person with the purpose of running a golf course, including the construction business, etc. (i) the Plaintiff’s status as the parties, and the Defendant C&D loan (hereinafter “Defendant C&D loan”) the construction business, etc.; and the Defendant C&D club (hereinafter “Defendant C&D club”) the Plaintiff is a juristic person with the purpose of running the golf course.

Sheban Sheban City, Inc. (hereinafter referred to as “Meban Shedy farm”) is a company that supplies turds used in the instant planting work, as seen below.

B. (i) On August 28, 2010, the Plaintiff entered into a contract for the construction of the instant food service contract with the Defendant M&D loan with respect to the part of the construction of the construction of the establishment of the GibaCC (hereinafter “instant golf course”) of the Gibaco-gun of 107 U.S., Gibaco-gun operated by the Defendant M&D (hereinafter “instant golf course”) during the construction period from September 10, 201 to October 31, 2010, with respect to the construction cost amount of KRW 905,542,80 (including value-added tax) and completed the construction work under the instant contract until August 31, 2011, and completed the construction of the remaining food service under the instant contract with the Defendant M&D loan from September 10, 201 to August 31, 2011 to the Defendant M&D loan’s request for the additional construction of the remaining food service from September 31, 2015.

(2) On December 26, 201, the Plaintiff agreed to pay the price for the instant food works to the Plaintiff jointly with the Defendant C&D loan. The instant food clubs agreed to pay the price to the Plaintiff on December 26, 201.

C. Defendant C&C loan paid to the Plaintiff a total of KRW 968,181,538 as the price of the instant planting construction.

On March 6, 2012, the Plaintiff, the Defendant C&D loan, and the Bochid farm are “Agreement on the Settlement of the Costs of the Construction and Food Works (No. 1, No. 1, hereinafter “instant Settlement Agreement”)” (hereinafter “instant Settlement Agreement”).

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