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(영문) 대전지방법원서산지원 2017.07.11 2016가단54119

손해배상(기)

Text

1. Defendant Ghana Construction Co., Ltd., B, and C shall be jointly and severally liable to the Plaintiff for KRW 157,000,000 and Defendant B and C.

Reasons

1. Facts of recognition;

A. The Plaintiff owned 413 square meters prior to E in Jinjin-si, and Defendant A’s comprehensive construction company (hereinafter “Defendant Company”).

() The foregoing land and F school sites (the ownership of Defendant D was previously owned by the Plaintiff, but the registration of ownership transfer was completed on May 6, 2015 with respect to the said school sites on the grounds of sale on May 7, 2015), G forest land 123 square meters, and H large scale 32 square meters on the ground of eight households’ multi-household houses (hereinafter “instant building”).

(2) On January 27, 2014, the Plaintiff drafted a new construction work agreement with the Defendants on the following terms (hereinafter “instant agreement”) with regard to the construction cost of the new construction of the instant building. On January 28, 2014, the Plaintiff drafted a new construction work agreement with the Defendants, and drafted a loan certificate as stipulated in the instant agreement (hereinafter “the instant agreement”). On January 28, 2014, Defendant B, C, Defendant Company, D as the primary debtor, Defendant Company, joint and several surety, the loan amount of KRW 35,000, the interest rate of KRW 0.6% per month, the overdue interest rate of KRW 24% per annum, and the due date of repayment of the loan certificate as stipulated in the instant agreement.

Agreements

1. Location with indication of real estate: The area of land in E and three lots (hereinafter referred to as "four complex"), other than I in Jin-si, and two lots (hereinafter referred to as "three complex"): I (537 square meters), J (36 square meters), J (36 square meters), F (60 square meters), E (3 square meters), F (34 square meters), K (123 square meters), K (123 square meters), and L (32 square meters), 19.45 square meters (3 complexes), 199.45 square meters (3 complexes), 199.45 square meters (4 complexes), and 199.45 square meters (4 complexes); and

4. The amount claimed 736,274,820 - The purpose of the agreement - The defendant company is to construct a building on the above land - pay the amount of KRW 736,274,820 to the plaintiff out of the construction cost under the standard contract for private construction works, and claim a provisional attachment on other land owned by the plaintiff. The provisional attachment is established on other land owned by the plaintiff in the following manner: < Amended by Presidential Decree No. 24470, Apr. 400, 2013; Presidential Decree No. 24613, Sep. 6, 2013>

-the following methods:

1. The Plaintiff borrowed KRW 350,000,000 from Defendant B and C.

Security shall be a building constructed on the fourth complex of the indication of the above real estate.