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(영문) 서울고등법원 2017.02.03 2016나2044019

손해배상(기)

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff is a party’s status 1) The apartment and welfare facilities (hereinafter “instant apartment”) on the ground of 58,429.80 square meters on the land of 12-37 square meters in Seongdong-gu, Seongdong-gu, Seoul.

(2) The Housing Redevelopment Improvement Project (hereinafter referred to as the “instant Project”) in Zone Two New Towns (hereinafter referred to as the “instant Project”).

(2) The Defendants were joint contractors for the instant apartment complex construction project. The Defendants organized a joint contractors for the instant apartment complex construction project and performed the construction works in the proportion of 3/10 of each of the 3/10, Defendant Samsung C&T, and Dae forest industry, respectively, and received construction payment according to the ratio of 2/10.

B. Details of the instant construction contract: Outline of the construction project for newly constructed facilities (a apartment and welfare facilities thereon) with the approval for change of the project implementation: The total floor area of 221,924.86m2: household units of 1,136m2 and 25m25m2: The contract amount of the construction project: 258,459,239,500m2 (3,850,000m2 per 3.305m2) with interest-free and moving expenses, and the change of construction period based on the unit price per 3.305m2 as above if it is necessary to prepare a change in the separate total floor area of value-added tax and the plan for change under this contract: 34 months from the date of reporting the commencement of construction (based on the date of commencement of construction where the date of commencement of construction differs from the date of commencement of construction due to delay in the delivery of the site) between the Plaintiff and the Plaintiff on November 7, 2007:

(1) The Defendants shall bear the penalty for delay during the period of construction under Article 9 without justifiable grounds when they failed to complete the construction works within the period of construction under Article 9.

Provided, That this shall not apply where construction is delayed under Article 30.

(2)