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(영문) 서울고등법원 2016.08.25 2015나31508

손해배상

Text

1. The plaintiff's appeal and the plaintiff's claim added in the trial are all dismissed.

2. The costs of appeal and the costs of appeal shall be considered in the trial.

Reasons

1. Basic facts

A. On April 2013, C entered into a contract with the Defendant to manufacture and install the 11studio (i.e., the construction cost of the 24,500,000 won and the construction period from April 17, 2013 to June 17, 2013 (hereinafter “instant construction contract”) on the 4th floor studio building (hereinafter “instant building”) under construction on the F-based F-based land in Chungcheongnam-si, Chungcheongnam-si (hereinafter “instant building”). On June 4, 2013, C paid the Defendant the down payment of KRW 1,50,000 to the Defendant.

B. In purchasing the instant building from C on August 7, 2013, the Plaintiff agreed to set off the Plaintiff’s claim against C and the amount already paid by C out of the construction cost of the instant building against the Plaintiff’s claim, and the unpaid amount out of the construction cost of the instant construction is to be paid directly by the Plaintiff.

C. At that time, C and the Plaintiff notified the Defendant that the Plaintiff purchased the instant building and requested the Defendant to continue to complete the instant elevator construction, and the Defendant decided to continue the instant elevator construction.

The Plaintiff paid the Defendant the construction cost of the instant elevator to KRW 24,30,000,000 on August 14, 2013, KRW 7,500,000 on September 11, 2013, KRW 800,000 on January 21, 2014, KRW 100,000 on April 9, 2014, KRW 100,000 on May 8, 2014, KRW 150,000 on May 27, 2014, KRW 24,30,000 on July 2, 2014, and directly paid the construction cost to some elevator-related enterprises.

E. Around June 30, 2014, the Defendant completed the instant elevator construction. On July 30, 2014, the installation and inspection on the elevator of the instant building was conducted with respect to the first policeman.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 6 through 10, and 14 (including each number, hereinafter the same shall apply), the testimony of the party-trial witness C and the purport of the whole pleadings

2. The parties' assertion

A. The summary of the Plaintiff’s assertion (1) around August 2013, the Plaintiff acquired the instant contract from C and the Defendant consented thereto, thereby completing the construction period of the instant contract.