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(영문) 대구고등법원 2018.01.11 2016나20030
대여금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence of Nos. 1 to 3 (including branch numbers, hereinafter the same shall apply) and Eul evidence of Nos. 1, 2, 6 through 10.

1) Defendant B is the party’s status. Defendant B is the Daegu Suwon-gu E large 201.8 square meters (hereinafter “B”).

(A) a multi-family house of the fourth floor size (hereinafter referred to as “A-family building”) constructed on the ground as the owner.

Defendant C is the owner of the building, and Defendant C is the F. 278 square meters adjacent to the above land (hereinafter “C land”).

(B) The multi-family house with the fourth floor size built on the ground as the owner of the land (hereinafter referred to as “B-Dong building”) and the combination of A-dong and B-dong buildings shall be referred to as “the instant multi-family house”.

(2) G is the actual contractor who leased the name of H (hereinafter referred to as “H”) and entered into the following construction contract with Defendant B and C, and the construction work was undertaken upon lending the construction cost from the Plaintiff.

B. 1) B between G and Defendant B’s contract for the construction of the instant multi-family house; Defendant B is KRW 181,00,000 of the construction cost for the instant building on August 28, 2013; Defendant C is determined as KRW 182,00,000 of the construction cost for the instant building on September 3, 2013 (Separate Taxation) and each construction period is determined as from September 3, 2013 to November 30, 2013; and each construction period is determined as from September 10, 2013 to November 30, 2013; the rate of liquidated damages for delay shall be determined as KRW 0.2% of the daily allowances; and this contract shall be referred to as “the instant construction work”; and this contract shall be referred to as “the instant construction contract.”

(2) At the time of the conclusion of the instant construction contract, the new construction of the instant multi-family house was suspended due to the progress of the structural construction works. (2) Defendant B and C have raised G construction costs between G and G in the instant construction contract and conducted the instant construction works first, but the payment for the construction cost is at the same time as the completion of the construction works.

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