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(영문) 전주지방법원군산지원 2020.08.20 2018가합284
손해배상(기)
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 10, 2017, the Plaintiff and the Defendant (hereinafter “the Defendant” without distinguishing the Defendant’s trade name change before the change on June 10, 2019) newly constructed multi-family housing on the ground (hereinafter “instant construction site”) with respect to the construction work of constructing multi-family housing on the land of the Plaintiff, the contractor, the Defendant, the date of commencement of the construction work, the date of completion of the construction work, the contract price of KRW 1,485,00,000, and the rate of KRW 1,000,000 owned by the Plaintiff on January 10, 2017, and the rate of KRW 360,360,400, and KRW 228.9,000,000 owned by the Plaintiff on the ground (hereinafter “instant site”). However, according to the Plaintiff’s submission of the opinion on the standard construction contract and the rate of KRW 10,010,00,000 as the result of the agreement on housing and order for delay delay 10.

A contract for construction works (hereinafter referred to as “instant contract”) was entered into with the terms and conditions of the contract.

B. On June 5, 2017, the Plaintiff and the Defendant stated that the date of preparation is June 5, 2016 in the instant agreement, but considering the date of conclusion of the instant agreement (i.e., January 10, 2017) and the date of receipt of letter certification on the instant agreement by the Plaintiff and the Defendant (i.e., June 5, 2017) in addition to the content of the instant agreement, the date of preparation of the instant agreement appears to be a clerical error.

The following content of the construction completion agreement (hereinafter referred to as the “instant agreement”) was prepared, and then a notary public was certified as a letter by Law Firm G, etc. in 0879 on the same day.

The official title of the construction completion agreement: The location of the construction site of the E Multi-Family Housing in the following City: e, the Do following North Korea:

1. On January 2017

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