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(영문) 전주지방법원 군산지원 2021.03.25 2019가합50323

손해배상(기)

Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. On August 1, 2016, Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) entered into a contract with the Defendant on each of the following terms: (a) with respect to the construction of the instant officetel on the D ground (hereinafter “instant officetel 1 construction works”), “Plaintiff A, Defendant A, and the construction period from August 8, 2016 to May 31, 2017; (b) construction cost of KRW 1,300,000,000 (including value added taxes).”

B. On August 1, 2016, Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”) entered into a contract with the Defendant for construction of Gtel on the ground (hereinafter “instant officetel 2 construction works”). With respect to the instant officetel 1 and 2 new construction works, “Plaintiff B, Defendant, and Defendant, and the construction period from August 8, 2016 to May 31, 2017 (including value added tax), each of which was designated as “each of the instant contracts” (hereinafter collectively referred to as “each of the instant contracts”). There is no dispute over the grounds for recognition”), the purport of each of subparagraphs 1 and 2, and the purport of the entire pleadings as a whole.

2. Determination as to the cause of claim

A. The method of paying the plaintiffs' alleged construction cost

1. Funds of KRW 1,684,00,000;

2. Any balance of 286,000,000 won;

3. Payment guarantee of KRW 2,00,000,000 in total; and

4. Timing for payment of the amount payable;

(a) the instant officetel 1: 30% (50,00,000 Won)/50% (216,00,000 Won)/70% (216,00,000 Won)/ 90% (216,00,000 Won)/ 110,000 per cent of the remaining 10% (216,00,000 Won)/

B. The Plaintiffs and the Defendant agreed to perform the instant construction at the Defendant’s expense under each of the instant contract, with a loan of 25% (100,000,000 won) / 50% (208,000,000 won) / 70% (260,000 won) 90% (208,00,000 won) / approximately 100,000,000 won (208,000 won) and the Defendant agreed to pay the construction price to the Defendant at a high rate as set forth in the Housing and Urban Fund list as follows.

However, the defendant.