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(영문) 서울고등법원 2014.09.19 2012나15642

손해배상(기)

Text

1.The judgment of the first instance court, including a claim for reduction and modification in the trial, shall be modified as follows:

The defendant.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the whole pleadings as to the evidence Nos. 1-1, 2, 3, 2, 2, 16, 36, 51, 52, 64, and evidence Nos. 3-1, 2, and 69-1.

D, who is the father and husband of the Plaintiff and the Appointor C, was to newly construct an apartment house (hereinafter referred to as the “instant apartment house”) on the land of Jung-gu Seoul Metropolitan Government E and F, which he owns, and to delegate G and H with the implementation of the instant new apartment construction project.

B. Thereafter, on June 29, 2006, D entered into an agreement with G and H on the following terms (hereinafter the instant agreement), and H used the name of Donginin, a birth:

The preceding sentence

2. Implementers G shall not make efforts to ensure the success of the project as a whole and shall comply with the provisions of the Standard Contract Agreement for Private Construction Works.

3. The defendant, who is a contractor, (the trade name at the time is Taewon Construction Co., Ltd. and was changed to the present trade name on September 3, 2009) is under the responsibility of G, and G is acting on behalf of the contractor with the rights and obligations of the contractor.

The Parties shall agree and enter into an agreement as follows:

3. (Project Costs) The project costs required for the project shall be the total floor area (890 square meters) ¡¿ the average project cost (3,200,000 won) = 2,848,000 won.

Additional expenses shall be deemed nonexistent until the completion of sale in lots or G is acquired in lots.

5. (Contents of Project Costs) All the expenses incurred in the completion of a building, such as various kinds of insurance and non-life insurance related to construction works and buildings, performance guarantee insurance, defect repair insurance, construction works, design and supervision expenses, interior and outside construction costs, human cost reduction and removal construction costs, installation costs, total expenses until completion, sale system costs, and civil petition-related expenses, shall be included in project

6. (Payment of Project Costs)D shall pay 1,400,000,000 won in cash out of the project costs required for the project in installments to the defendant's account.

G pursuant to paragraph (3), G shall be executed in KRW 1,400,000.