손해배상(기)
1. As to Plaintiff A’s KRW 15,00,00, and KRW 10,000,000 to Plaintiff B, and each of the said money, the Defendant shall start from February 4, 2016 to February 2018.
1. Facts of recognition;
A. 1) The Plaintiff A, a non-party D (hereinafter “non-party D”) who carries out construction and civil engineering work, as well as civil engineering work, shall enter into a contract for one order construction work.
(2) Around April 2011, Plaintiff B is a joint representative of the instant construction site, and Plaintiff B is an owner of the area of 387 square meters prior to E, and the Defendant is an owner of the inspection located adjacent thereto. (2) Around April 2011, between the Defendant and the Nonparty Company, a contract was concluded between the Defendant and the Nonparty Company to set the contract amount as KRW 47,410,000 from April 201 to August 201, 201 to determine the construction period for the construction of one order on the land (hereinafter “instant construction”).
3) On June 9, 201, the non-party company reported the commencement of construction to a large-scale City Mayor on the construction site on August 23, 2011, and began to carry out construction materials, etc. on the construction site. Around August 30, 2011, the non-party company commenced construction works on the part of the non-party company on September 7, 201, such as commencing the ground-breaking construction for the new construction of one order. (4) The Defendant requested the non-party company to suspend the construction of this case on September 7, 201, and the non-party company did not perform construction works any longer after the completion of construction at the construction site of this case on September 9, 2011.
5) Meanwhile, on May 24, 2011, the defendant paid to the non-party company KRW 15 million as design expenses, and KRW 30 million as construction expenses on September 2, 2011. 6) The non-party company filed a lawsuit against the defendant for payment of KRW 4367 million (Seoul Western District Court Decision 201Da74126) that the non-party company performed with respect to the construction work of this case. For this reason, the defendant restores the construction of this case to its original state on the grounds that the contract was not concluded or the contract was invalidated or cancelled due to the non-party company's cause attributable to the non-party company, thereby seeking the return of KRW 45 million as the price for the construction of this case (Seoul Western District Court Decision 2011Da74126).