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(영문) 부산지방법원 2016.11.03 2015가합41919
손해배상(기)
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 255,00,000 as well as its annual interest from October 13, 201 to November 3, 2016.

Reasons

Basic Facts

1) The Plaintiff and Defendant B Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd”).

On February 25, 2011, the Plaintiff (hereinafter referred to as the “instant project”) may undertake the instant project to create a house site for electric source C in Yangsan-si.

(B) A contract to pay KRW 420 million for district unit planning and working design services, with the amount of KRW 126 million for a contract; the first intermediate payment of KRW 126 million after receipt of an application for modification of an urban management plan; the second intermediate payment of KRW 126 million after receipt of an application for authorization for an implementation plan; and the remainder of KRW 46 million after completion inspection (hereinafter referred to as the “instant contract”).

(2) The Plaintiff concluded a contract deposit on March 2, 201, KRW 126 million with the Defendant Company, and the same year.

4.8. Expenses of 3 million won, and the same year.

5. The same year from 26. to 13.0 million won in the first intermediate payment.

5. 26. 30 million won for the same year.

6. The same year, 29.6 million won.

9. 9. 10 million won, including the sum of KRW 250 million, etc. D’s tort 1) paid KRW 2550 million to the Defendant Company and the Defendant Company. D’s tort 1) forged the “certificate of receipt of an application for alteration of an urban management planning” concerning the instant project in the name of public official E belonging to the Yangsan Prison, and presented it to the Plaintiff via F without knowledge of the fact, and had the Plaintiff pay KRW 126 million in total the first intermediate payment to the Defendant Company.

2) On April 18, 2016, D was indicted as charges of forging the above official document, uttering of forged official document, and fraud by this court’s order as of April 18, 2016. [Identification Evidence] In the absence of dispute, Gap’s evidence Nos. 1, 8, 10, and Eul’s evidence No. 1 (including the number of documentary evidence with abnormal numbers; hereinafter the same shall apply)

The defendant A, a representative director of the defendant company, is the project of this case in relation to the claim for damages caused by joint tort, which causes the whole purport of the pleading.

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