beta
(영문) 서울중앙지방법원 2016.05.20 2015가합547105

손해배상(기)

Text

1.(a)

The Defendants jointly share KRW 55,693,000 for each of the Plaintiffs and Defendant C with respect thereto from November 6, 2015 to November 6, 2016.

Reasons

1. Circumstances leading to the instant case;

A. On April 10, 201, the Plaintiffs purchased the land and building of Gwanak-gu in Seoul Special Metropolitan City from F and G as a broker of E, a licensed real estate agent. On July 29, 201, the Plaintiffs (Plaintiff A’s shares 67/100, Plaintiff B’s shares 33/100) on the instant land and building (hereinafter “instant building”).

B. The Plaintiffs planned new construction, extension, and remodeling of the instant building, which is a commercial building, for a long time.

However, I was operating a restaurant under the trade name of “J” by leasing the second floor of the instant building, and the term of lease was set by February 2, 2017, and the Plaintiffs could not engage in new construction, extension, and remodeling without I’s consent.

C. E was aware of the Plaintiffs’ new construction, extension and remodeling plans while managing the instant building.

I introduced Defendant C to E, “A will obtain I’s consent from the Corporation by awarding a contract for construction, extension and remodeling of the instant building to Defendant C.”

E sent the proposal to the plaintiffs around March 2014, and the defendant C was introduced.

On June 17, 2014, Defendant C and the Plaintiffs drafted a written contract for construction works with respect to the extension and remodeling of the instant building owned by the Plaintiffs (hereinafter “instant construction works”), as follows:

(A) The contract under the aforesaid contract for construction works is referred to as the “instant contract”). (A standard contract for private construction works)

3. Date of commencement: June 14, 2014.

4. Date scheduled for completion: September 30, 2014.

5. Contract amount: Livelering0 million won (Won 770,000,000 won) (excluding value-added tax); and

6. Contract bond: daily twenty million won (Won 150,000,000 won): 11. The rate of liquidated damages for delay: 2/100 (General Conditions of Contract Contracts for Private Construction Works) and (1) The term "B" means the contract amount.