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(영문) 서울고등법원 2016.08.23 2015나2033982

손해배상(기)

Text

1. From June 27, 2013, “154,000,000 won and its therefrom, among the ancillary claims of the Plaintiff added at the trial.

Reasons

1. Facts of recognition;

A. On August 9, 2011, the Defendant entered into a contract for new construction of multi-household housing and a joint business contract with the Defendant (hereinafter “instant land”) with the Gangseo-gu Seoul Metropolitan Government C large 278.9 square meters owned by the Defendant (hereinafter “instant land”).

(2) On August 30, 201, the Plaintiff (hereinafter “Seoul Comprehensive Construction Co., Ltd.”) entered into a contract with the Defendant to jointly undertake the business of newly constructing and selling multi-household housing (hereinafter “instant contract”) under which the contract between the Defendant and the said multi-household housing (hereinafter “instant construction”) stipulates that the construction cost shall be KRW 739,200,00 (including value-added tax) and the construction period shall be determined from September 1, 201 to December 31, 201 (hereinafter “instant contract”).

3) In the presence of B on September 15, 2011, the Plaintiff: (a) issued and delivered a written statement of performance stating that “In any case, the Plaintiff shall, without claiming the Defendant for the construction cost specified in the instant contract and the implementation under the instant contract; and (b) B withdraws from the said business on November 15, 201; (c) the Plaintiff and the Defendant entered into a joint agreement (hereinafter “instant joint agreement”) with respect to the instant construction and sale on November 17, 2011, with the following contents:

Article 3 (Obligation of Defendant) (2) With respect to the instant land owned by the Defendant, the Defendant shall receive 1.1 billion won after completion of the project from the Plaintiff in return for a joint project.

Article 4 (Obligation of the Plaintiff) (2) The Plaintiff shall be responsible for all acts related to the construction, such as enforcement, construction, sale, taxation, registration, etc. of real estate in the business, and perform the development project.

③ The Plaintiff shall preferentially pay 1.1 billion won after completion of the project to the Defendant in return for a joint project.

⑤ The Plaintiff may not charge the Defendant all expenses under the pretext of the joint project.

Article 5 (Distribution of Business Profits) (1)