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(영문) 서울중앙지방법원 2014.02.05 2013가단11742
손해배상금 등
Text

1. The Defendant (Counterclaim Plaintiff) B shall pay to the Plaintiff (Counterclaim Defendant) KRW 5,742,40, and the amount of KRW 5,740 from February 5, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) D’s “D” (hereinafter “instant beauty room”)

(2) On April 2012, 2012, the Plaintiff operating Defendant B, who runs the interior decoration company with the trade name “E,” is entitled to the interior decoration construction of the cosmetic building in Seoul F (hereinafter “instant construction”).

(2) The construction cost of this case was set at KRW 264,00,000 after several adjustments.

B. The construction cost that the Plaintiff paid to Defendant B by July 25, 2013 is KRW 243,396,000 in total.

C. 1) The Plaintiff argued with Defendant B that the instant construction had not been completed or that there was any defect, and once again opened the beauty room, which was closed on June 11, 2012, and Defendant B did not perform any construction work more after July 2012. 2) The Plaintiff left H, who operated the “G”, the interior decoration company in the middle of July 2012, in charge of the repair of the defect of the beauty room in the instant case, and required KRW 26,346,40 as the construction cost.

1) On August 8, 2012, Defendant B transferred to Defendant C the claim for construction cost of KRW 19,50,000, which was part of the claim against the Plaintiff against the Plaintiff, with the authority of Defendant B, and Defendant C notified the Plaintiff of the transfer with the content certification on September 11, 2012. (2) Defendant B transferred the claim for construction cost of KRW 9,00,000,000, which was part of the claim against the Plaintiff as part of the claim against the Plaintiff on August 21, 2012, to Defendant B’s Cheongbu (hereinafter “Defendant Cheongbu”), and Defendant B notified the Plaintiff of the transfer with the content certification as of November 9, 2012.

E. Defendant C is under litigation by filing a lawsuit against the Plaintiff on the claim for the amount of the above transfer money (Janyang District Court Decision 2012 Ghana31757).

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1, 2, 10 through 14, Eul evidence Nos. 1 and 2 (including each number), witness H's testimony, and the purport of the whole pleadings

2. Determination as to Defendant B’s principal lawsuit and Defendant B’s counterclaim.

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