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(영문) 춘천지방법원 2016.01.13 2014가합5623
손해배상(기)
Text

1. Defendant Jinjin C&C Co., Ltd.: (a) from December 16, 2015, KRW 382,621,50 to the Plaintiff (Counterclaim Defendant) and its related amount.

Reasons

1. Basic facts

A. From March 2013, 2013, the Plaintiff is a company running a golf course in the name of “C” (including 27 holes popular golf course, Man-gu, Man-gu, 9 holes, BelgiumS, BelgiumS 9 holes, and BelgiumS. hereinafter “instant golf course”). Defendant Maren is a specialized company for golf course service management, and Defendant Jinjin L&C Co., Ltd (the previous trade name was changed to “CLS Co., Ltd” or “Defendant Jin-gu L&C”) was changed to the current trade name as of January 8, 2015.

B. On January 5, 2010, the Plaintiff entered into a contract with Nonparty D Co., Ltd. (hereinafter “D”) on the construction of the instant golf course. D performed the construction of the instant golf course from March 22, 2010 to November 30, 2012. On March 15, 2011, D subcontracted the construction of the instant golf course to Defendant Jinjin L&C Co., Ltd (hereinafter “GT,T,B, and F Corporation”), and the Defendant Jin C&C subcontracted the construction of the instant golf course to G,T, B, and F Corporation from March 16, 201 to May 30, 2012.

C. On June 2012, the Plaintiff entered into a service agreement between the Defendant Oral Engineering and the Defendant Oral Engineering to perform the overall course management and maintenance business of the instant golf course (hereinafter “instant service agreement”) with the following terms, from July 1, 2012 to August 31, 2013. On September 1, 2012, the Plaintiff changed the “Defendant Oral Engineering” between Defendant Oral Engineering and the parties to the said contract into the said contract into the “Defendant Oral Engineering” with Defendant Oral Engineering and agreed to take over the terms, obligations, and all responsibilities of the said contract between Defendant Oral Engineering and the Defendant Oral Engineering as a joint and several surety. In the event of a problem, Defendant Oral Engineering bears all the responsibility as a joint and several surety.

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