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(영문) 서울북부지방법원 2017.09.21 2015가합292

손해배상

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant, the designated parties, and C (hereinafter collectively referred to as the “Defendant, etc.”) are the owners of E-Ba, who had been on the ground of 676m2 in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, and obtained permission for the construction of an apartment from the Gangnam-gu Office on October 4, 2004, in order to remove the above lending building and reconstruct a F apartment with a total of 18 units units of the first and seventh floors above the ground (hereinafter referred to as the “instant apartment”).

B. On March 29, 2005, the representative of the defendant et al. entered into a contract with the plaintiff on April 15, 2005 with respect to the reconstruction of the apartment of this case; on March 31, 2006, the date of completion; and on March 1, 2006, the contract amount of KRW 1,037,019,710; and on March 31, 2006, the plaintiff shall enter into a contract with the plaintiff to undertake the whole construction (hereinafter "the construction of this case") under the name of Hoho General Construction Co., Ltd. (hereinafter "the construction of this case"). The plaintiff shall, in principle, pay to the plaintiff the total amount of nine households, including (1), 202, 301, 401, 601, 702, 703, 203, 203, 203, 302, 402, 503, 503, 506, etc.

C. When the Plaintiff suffered difficulties in the progress of the construction due to the shortage of funds, the Plaintiff had the Defendant, etc. pay the construction cost directly to the subcontractor, or raised funds by borrowing money from the Appointer G and his wife H and the Selection’s husband J. D.

In addition, on March 15, 2006, the Plaintiff, the representative B of the Plaintiff, the Defendant, etc., K, and L, while performing the instant construction work.