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(영문) 수원지방법원 2015.05.01 2014나21578
손해배상(기)
Text

1. Of the parts concerning the principal lawsuit in the judgment of the court of first instance, the following payments order shall be exceeded:

Reasons

1. The scope of the trial at the court of first instance claimed B Co., Ltd. (hereinafter “B”) as the primary defendant and Defendant C as the primary defendant, and Defendant C filed a counterclaim against the Plaintiff. The court of first instance dismissed the main claim against the primary defendant B and partly accepted the main claim against the primary defendant C, and partly accepted the main claim against the primary defendant C.

As to this, only the part of the plaintiff's main claim against the defendant C and that of the counterclaim against the defendant C are subject to the judgment of this court, since the plaintiff's main claim against the defendant C and that of the counterclaim against the defendant C did not appeal both to the plaintiff and the above B, and the plaintiff withdrawn the main claim against the defendant B in the first instance trial.

The following shall be judged together with respect to the principal lawsuit and counterclaim.

2. Basic facts

A. The Plaintiff is a business operator registered as a business operator with the trade name G, and Defendant C is a corporation with the purpose of real estate supply business, selling agency business, real estate service business, industrial complex creation and sale, etc., and Defendant B Co-Defendant B corporation of the first instance trial (hereinafter “B”) is a corporation with the purpose of building construction business, engineering work business, etc.

B. 1) On November 18, 2010, the Plaintiff purchased and developed a factory site of 1,983 square meters in Pyeongtaek-si D site, and newly constructed a sanction plant on that ground (hereinafter “instant civil construction work”). The development and civil construction of the said factory site is the “instant new construction work,” the said new construction work is the “instant new construction work,” and the said two construction works are the “instant construction work” by combining them.

(2) The Plaintiff’s supply contract to sell the above factory site and sanction factory at KRW 740 million in the purchase price (hereinafter “instant supply contract”) to the Plaintiff.

(2) Of the above sales amount of KRW 740 million, the amount of KRW 740 million was concluded.

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