logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2014.01.22 2012가단23828
물품대금
Text

1. The defendant (Counterclaim plaintiff) dismissed the instant counterclaim.

2. The Defendant (Counterclaim Plaintiff) is jointly and severally liable.

Reasons

1. With respect to the legitimacy of the counterclaim of this case ex officio when determining the legitimacy of the counterclaim of this case, the Minister of Health and Welfare, and the counterclaim of this case shall be filed before the closing of argument in the principal lawsuit, and the counterclaim of this case is unlawful (Article 269(1) of the Civil Procedure Act). The facts that the counterclaim of this case was filed on January 16, 2014, after December 18, 2013, which is the date of closing of argument in the principal lawsuit, are apparent in the record. As such, the counterclaim of this case is unlawful as it was filed after

2. Determination on the main claim

A. (1) On February 2012, the Plaintiff entered into a contract with the Defendant Cheong Co., Ltd. (hereinafter “Defendant Cheong Co., Ltd”) to replace the existing facilities for the period of half of the period of half of the period of half of the period of half of the period of half of the period of half of the period of half of the period of half of the period of half of the period of half of the period of half of the contract (hereinafter “the period of half of the period of half of the period of half of the period of half of the period of half of the period of half of the period of half of the period of the construction, and completed the above construction on March 29, 2012. The Plaintiff entered into a contract with the Defendant Cheong Co., Ltd. (hereinafter “the period of half of the period of half of the period of half of the period of half of the period of half of the period of half of the period of the construction of the previous facilities, and completed the construction of the fixed period of half of the period of half of the period of half of the year.

(2) Defendant Cheong-woo paid KRW 110,825,000 for the construction cost related to each of the above projects (i.e., KRW 93,00,00 for the construction cost for the replacement of the school base of this case, KRW 750,000 for the construction cost for each of the above projects ( KRW 10,000 for the construction cost for each of the above projects) and paid KRW 40,825,000 for the remainder of KRW 750,00 for the construction cost for the replacement of the base of KRW 93,00 for the replacement of the school base of this case.

(3) Meanwhile, after the establishment of the school base of this case, Defendant Cheong Green Co., Ltd. comprehensively acquired Defendant Cheong-woo’s business by accepting the instant school base after the establishment of the school base of this case.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1-3, Eul evidence 3, the purport of whole pleadings and arguments

B. According to the above facts of recognition as to the cause of the principal lawsuit, the Defendants shall be jointly and severally.

arrow