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(영문) 수원지방법원평택지원 2016.05.12 2015가단10665

손해배상(기)

Text

1. Defendants B and C jointly and severally with the Plaintiff KRW 22,107,703, and Defendant B with respect thereto from December 18, 2015, and Defendant C with respect thereto.

Reasons

1. Determination as to claims against Defendant B and C

(a) As shown in the annexed sheet for indicating the claim;

(However, partial rejection of damages for delay)

(b) Defendant B of applicable provisions of Acts: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act): Defendant C: Decision of deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

C. Pursuant to Article 3(1) main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings on Partial Dismissals (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015; effective October 1, 2015); and Article 2(2) of the Addenda, the part demanding the payment of damages for delay calculated at the rate exceeding 15% per annum from October 1, 2015, among the Plaintiff’s claims, is dismissed.

2. As to the claim against Defendant D, the Plaintiff sought payment of the money stated in the purport of the claim as the construction cost for substantial repair of the E-owned housing, in a case where he knows about Defendant D, but the evidence submitted by the Plaintiff alone that Defendant D concluded the construction contract for substantial repair of the housing between the Plaintiff and the Plaintiff

In regard to whether Defendant D promised to pay the price for the above construction work to the Plaintiff, it is insufficient to accept such commitment, and there is no other evidence, so the Plaintiff’s claim against Defendant D is without merit.

3. The conclusion of the claims against Defendant B and C, and the dismissal of the claims against Defendant D.