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(영문) 대전고등법원 2017.08.09 2017나10358
손해배상금
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

On November 22, 2012, the Plaintiff entered into a golf course creation contract and subcontract, and the Defendants’ exercise of the right of retention entered into a contract with Defendant Korea Pamp Construction Co., Ltd. (hereinafter “Defendant Korea Pamp Construction”), setting the construction cost of KRW 20.5 billion and the deadline for completion as of December 31, 2013 (hereinafter “instant land”).

On November 30, 2012, Defendant Pamp Construction subcontracted the construction work price of KRW 16.5 billion to Defendant B Co., Ltd. (hereinafter “Defendant B”) and the construction work on December 30, 2014 during the said construction work.

The Defendants, while performing construction work, failed to receive the construction cost from the Plaintiff, suspended construction work around December 2013 and exercised lien while occupying the instant land.

On February 27, 2015, the Defendants’ consent to the construction site and the agreement to enter into with Saturdays was proposed to provide approximately 1 million cubic meters (including dredging soil) of surplus soil set forth in Chapter I company of the F power plant from the Korea Western Development Co., Ltd. (hereinafter “Korea Western Development”) for free of charge in the instant land by the Plaintiff.

On April 3, 2015, the Defendants, at the Plaintiff’s request, prepared a letter of confirmation that “I will confirm that I will not control access to vehicles brought into the site of a golf course with respect to the part of entry into the site of a golf course, which occurred at the time of the construction of a power plant, while in the process of exercising the right of retention as a construction cost.” (No. 4-1, 2, and hereinafter “instant letter of confirmation”) and issued it to the development of Korean books.

On April 15, 2015, the Plaintiff is free of charge between the development of the Republic of Korea, the Daelim Industry Co., Ltd. (hereinafter “Tan Forest Industry”), and Samsung Heavy Industries Co., Ltd. (hereinafter “Tansan”) and the Plaintiff.

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