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(영문) 대구지방법원 2021.02.17 2019가단144445
손해배상(기)
Text

1. The Defendant’s KRW 145,045,00 for the Plaintiff and KRW 6% per annum from August 27, 2020 to February 17, 2021.

Reasons

1. Facts of recognition;

A. On April 5, 2018, the Defendant issued a business registration certificate under the Defendant’s name with “mutual C”, “type of business construction business, construction interior, etc.” and had Yong-Nam conduct business using the Defendant’s registration name, Defendant’s deposit account in the Defendant’s name.

B. On June 11, 2018, the Plaintiff drafted a construction contract with the Defendant setting the construction cost of KRW 395 million (a value-added separate) of the construction cost to contract for the construction of the E-ground commercial housing (hereinafter “instant construction contract”). The contractor’s column of the construction contract includes the name of the Defendant, the Defendant’s seal is affixed, and the Defendant’s seal is affixed, and the bank account in the name of the Defendant is entered in the account for the payment of the construction cost.

(c)

The instant construction was suspended on September 9, 2018, and D, on May 9, 2019, issued to the Plaintiff a letter of waiver of the right of retention for the instant construction project under the name of the Defendant (hereinafter “each of the instant notes”).

The above statements are prepared by the defendant and correspond to D.

(d)

The Plaintiff remitted total of KRW 220 million to the bank account in the name of the Defendant, including KRW 30 million on June 12, 2018, KRW 70 million on June 20, 2018, KRW 100 million on August 9, 2018, and KRW 20 million on March 8, 2019.

From June 11, 2019 to July 9, 2019, the Plaintiff transferred a total of KRW 100 million to the Defendant regarding the instant construction project several times during the period from June 11, 2019 to July 9, 2019.

E. Until the discontinuance of the instant construction work, the construction cost is KRW 291,115,00 (i.e., KRW 4350,000 of the contract amount of the instant construction work x 67% in height ratio).

[Reasons for Recognition] A without dispute, entry of Gap evidence Nos. 1 through 4, 7, 16, 17 (including each number; hereinafter the same shall apply), the result of the court’s commission of appraisal to appraiser F, the purport of the whole pleadings

2. The plaintiff's ground of claim

A. The defendant shall use D's trade name in relation to the instant construction work.

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