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(영문) 수원지방법원안산지원 2017.07.11 2017가단50693
손해배상(기)
Text

1. The defendant shall be KRW 137,60,00, KRW 9,774,600 to the plaintiff Eul, and KRW 9,549,520 to the plaintiff C and each of the above amounts.

Reasons

1. Facts of recognition;

A. A. On August 20, 2014, the Defendant stated that “A shall approve the price of construction work at the office E Co., Ltd. (E) operated by the Defendant without the intent or ability to pay the construction work at the office E (hereinafter “E”) and that “A shall approve the price of construction work at least 20 million won on or before the next 20th of the following month in accordance with the nature of the construction work performed by the Defendant, if the construction work of a new structure is rescinded at the site of the new construction work conducted by the Defendant,” and that the payment shall be made only KRW 223,40,000,000,000 which is the difference and shall not be paid for KRW 51,60,000,000,000 which is the difference.” On February 15, 2015, the Defendant made the Plaintiff not to pay the price of construction work at the office E, thereby inducing the Plaintiff A to pay the price of construction work at KRW 80,000,00.”

B. On September 19, 2014, the Defendant, without the intent or ability to pay the price of the material at E office, concluded to the Plaintiff B as “on the 20th day of the next month following the month when the Defendant supplied the construction materials to various construction sites, such as the construction site of F F New Construction, located in I, the Defendant acquired the amount corresponding to that amount by obtaining approval from the Plaintiff B by allowing the Plaintiff B to supply the materials equivalent to KRW 20,334,600, while paying only KRW 10,560,00, and not paying KRW 9,774,600, the difference.

C. On November 27, 2014, the Defendant concluded that, without the intent or ability to pay the material cost in E office, the Plaintiff “I will deliver the material to the construction site located in the State F New Construction Project, I will give approval of the price as of the end of each month,” and that it had the Plaintiff C supply the material equivalent to KRW 12,369,040, and only KRW 2,819,520.

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