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(영문) 창원지방법원밀양지원 2014.08.22 2013가합385
손해배상(기)
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. On January 18, 2012, the Plaintiff was selected by the Minister of Culture and Sports as a company eligible for a loan from the Tourism Promotion and Development Fund in the first half of 2012 (the construction of tourism accommodation facilities and the amount selected as KRW 4 billion) with respect to the construction of a new construction of gold Dammon hotel (hereinafter “instant construction”).

B. Around May 22, 2012, the Plaintiff drafted a construction contract agreement with Defendant Yongsan Integrated Construction Co., Ltd. (hereinafter “Defendant Yongsan Integrated Construction”) regarding the instant construction project at issue with regard to the amount of construction cost at KRW 16.5 billion, on the premise that the said tourism promotion and development fund (hereinafter “tourism promotion fund”) was to be paid.

(hereinafter referred to as “the instant construction contract”). C.

On the other hand, the contractor column of the construction contract of this case has the name and seal of the Defendant Smart Construction Co., Ltd. (hereinafter “Defendant Smart Construction”), in addition to the integrated construction of the Defendant Yongsan Construction, and the contractor’s joint and several liability column is the name and seal of the Defendant Co., Ltd., Ltd., Ltd., Korea Engineering Co., Ltd., Ltd., Ltd., which was scheduled as the subcontractor of the instant construction at the time of the construction contract (hereinafter “Defendant Yusung Construction, Korea Engineering, and Yongsan Electricity”).

On May 30, 2012, the Plaintiff sent a certificate of the content that “The Plaintiff shall perform the conditions of the special agreement to perform the pre-paid construction work, such as bringing about about approximately 300 tons of steel at the site within three (3) days after the conclusion of the contract,” and that “The pre-paid integrated construction shall perform the pre-paid construction work” to the Plaintiff on June 1, 2012, because there was a verbal agreement with the Plaintiff on June 1, 2012 that the allocation of the Tourism Promotion Fund and the Korea Credit Guarantee Fund guarantee.”

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