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(영문) 대법원 2015.10.29 2014다75349
손해배상(기)
Text

All appeals are dismissed.

shall dismiss an incidental appeal.

The costs of appeal shall include the part resulting from the supplementary participation.

Reasons

1. The plaintiffs' grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

In light of the business agreement of this case and the content and form of the undertaking of completion guarantee, the lower court, as to the ground of appeal No. 3, presumed that, in principle, the Defendant is liable for violation of the obligation of completion of construction, but it is reasonable to assume that the Defendant is liable for violation of the obligation of completion of construction, even if there is any cause listed in the undertaking of completion guarantee, if the construction was not completed due to its cause attributable to it, and that the Defendant is not liable for violation of the obligation of completion of construction, unlike the “design modification due to a defect in the project site” in the undertaking of this case, “where the construction period is extended due to a change in the design for the convenience of the exercise of the building site, such as a change in the construction site,” is not listed as a cause for the Defendant to complete the construction by the scheduled completion date, even if there is no cause attributable to the Defendant, the lower court determined that the Defendant cannot be held liable for violation of the obligation of completion of construction, even if the Defendant failed to complete the construction by the scheduled completion date.

In light of the relevant legal principles and records, the above determination by the court below is just and acceptable. Contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on the interpretation of legal acts or by exceeding the bounds of the principle of free evaluation of

B. As to the ground of appeal No. 1, the following facts are revealed according to the reasoning of the lower judgment.

(a).

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