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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. ① On September 2010, the Defendant entered into a service contract between the Defendant and C with the Korea Asset Management Corporation (hereinafter “instant hospital”) on and after acquiring the building and site for the instant hospital located in Busan Northern-gu (hereinafter “instant hospital”) from the public auction, and entered into a service contract with C on October 7, 2010 to resolve the instant hospital’s lien issue. The details are as follows.
2. 50% of the expenses for the settlement of lien shall be paid to C by the defendant to the maximum of one billion won and less the amount paid as the amount of lien within the above limit.
3. The expenses incurred in the possession of the instant hospital by C shall be deducted from the amount the Defendant pays to C.
4. The time of completion of the service contract shall be December 10, 2010.
Upon the completion of the service contract, the defendant shall pay C the service cost under the above 2.
Provided, That if the reorganization is completed before the above period, the time of reorganization shall be the time of completion.
② On November 5, 2010, the Defendant entered into a contract with C for the closure of the instant hospital as described below. G (the representative director) Co., Ltd. (H) jointly and severally guaranteed the various performance obligations of C.
- Except for the portion of the completed works of maintaining the self-employed service contract on October 7, 2010, the direct construction cost (15%) profit (15% of the direct construction cost), which is the direct construction cost, (15% of the cost of material cost, labor cost, and industrial accident insurance premium safety management cost), from 3rd to 4rd above ground for response to and resolution of all civil and criminal cases at a site from 8 October 2010, and the portion of the completed works, such as the settlement of contract price lien:
(Additional Value-Added Tax) - The payment of construction cost: The payment of construction cost shall be made on November 5, 2010, and the balance shall be settled and paid after completion.
③ On November 6, 2010, C subcontracted two elevators and two parkingta repair works, etc. to G Co., Ltd. among the instant hospital termination works.
(4)