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(영문) 광주고등법원 2017.10.27 2016나16503
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 584,625,501 and KRW 484,625,501 among them.

Reasons

1. Basic facts

A. The plaintiff is a company established for the purpose of civil engineering work, etc., and the defendant is a corporation established for the purpose of processing, selling, transporting, etc. livestock excreta.

The representative director of the defendant's registration is D, and C is the spouse of D and actually operated the defendant.

B. On February 3, 2006, the Defendant was notified on December 16, 2009 that the Defendant was additionally selected as a person eligible for the “E business” by taking into account subsidies of KRW 2.4 billion from G and self-paid KRW 600 million.

C. 1) The Defendant entered into a contract for mountainous district restoration works, etc. (hereinafter “instant real estate”).

A) The construction of excreta treatment plant was intended to build a new excreta treatment plant, and for the construction of the new construction, the forest damaged and restored restoration work on the instant real estate (hereinafter “the instant mountainous district restoration work”).

A) There was a need for prior implementation. Accordingly, around September 2010, C proposed that the Plaintiff be responsible for the instant mountainous district restoration work, and the Plaintiff consented thereto. 2) On October 15, 2010, the Defendant applied for the approval of the plan for the restoration of the instant mountainous district to F City on October 15, 2010, and obtained the approval of the plan for restoration from F City on October 25, 2010, and the Plaintiff commenced mountainous district restoration work in the instant case from the end of October 2010 to the end of the instant mountainous district restoration work.

The Plaintiff requested the Defendant (or C) to pay the construction cost of the instant mountainous district restoration work after completing the instant mountainous district restoration work on February 2, 2011, but was not paid.

(1) On February 16, 201, the Defendant entered into a contract with I (representative S) on the construction cost for the entire construction work of the foul waste treatment plant, the construction period of KRW 3,300,000,000 for the entire construction work of the foul waste treatment plant, and the period of construction from February 21, 2010 to September 30, 201 (Evidence A No. 8-1, and the Plaintiff’s February 2, 2011).

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