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(영문) 대구지방법원 2019.02.28 2018가단103461
손해배상(기)
Text

1. The Defendant’s KRW 82.5 million with respect to the Plaintiff and the Plaintiff’s annual rate of 5% from October 11, 2016 to February 22, 2018, and the following.

Reasons

1. Facts of recognition;

A. The defendant is a person who conducts a building business under the trade name of "C".

B. On July 6, 2016, the Plaintiff awarded a contract for remodeling construction works to the Defendant for housing located in the Gyeong-gun, Chungcheongnam-gun (hereinafter “instant housing”).

(2) The Defendant, even though he did not have the intent and ability to complete the construction within the period promised, acquired money in the name of the construction cost by deceiving the Plaintiff as follows.

E

C. 1) The instant housing was collapsed while the removal work for remodeling was performed.

(2) On July 2016, the Plaintiff awarded a new contract to the Defendant for construction of housing by November 30, 2016.

(3) Even though the Defendant did not have the intent and ability to comply with the promise, it acquired the Plaintiff’s money in the name of the construction cost by deceiving the Plaintiff by selling a house as soon as possible than the scheduled time limit.

E [Ground for recognition] Unsatisfy, entry of Gap evidence 1, purport of the whole pleadings

2. According to the facts found above, the Defendant is obligated to pay to the Plaintiff the sum totaling KRW 82.5 million and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from October 11, 2016, which is the last illegal day to February 22, 2018, which is the date of the instant complaint, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

3. The plaintiff's claim of this case is accepted as reasonable.

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