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(영문) 울산지방법원 2019.06.13 2018나1384
손해배상(기)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. A contractor of basic facts: The contractor of a contract: The contract and the permission for development shall be immediately commenced, and the compensation for delay completed within 60 days after the commencement of the contract: The guarantor shall be jointly and severally liable with the contractor for the performance of the contract and the compensation for delay, if the contractor fails to complete the construction within the construction period, the guarantor shall be jointly and severally liable with the contractor for the performance of the contract and the compensation for damages;

On May 6, 2015, the Plaintiff entered into a contract for housing site creation works (hereinafter “instant construction contract”) with the Defendants (Defendant B is the merchants engaging in mid-term rental business, etc. in the trade name of “D”) on forest E (hereinafter “instant forest”) owned by the Plaintiff with respect to the forest E (hereinafter “instant forest”).

B. The Plaintiff paid the Defendants KRW 26,629,000 in total,00,000,000 on May 6, 2015, 2015, or KRW 10,000 on September 25, 2015, or KRW 5,000,000 on December 9, 2015, or KRW 1,629,000 on December 25, 2015, or KRW 26,629,00 in total,00 on December 29, 2015, or KRW 7,00,000 on December 29, 2015.

C. Around January 2016, the Plaintiff entered into an additional construction contract (hereinafter “instant additional construction contract”) with the Defendants, setting the construction cost as KRW 3,500,000 in order to establish access roads from the place of Mouri to the branch of the branch of the branch of the branch of the branch of the branch of the Republic of Korea (hereinafter “instant additional construction contract”).

On January 20, 2016, the Plaintiff paid KRW 1,500,000 to Defendant B as the construction cost under the instant additional construction contract.

E. While the construction work under the instant additional construction contract was not completed, disputes arising in relation to erroneous construction and reconstruction under the instant construction contract have occurred between the Plaintiff and the Defendants, and the Plaintiff notified the Defendants of the suspension of construction work around April 18, 2016.

[Reasons for Recognition] There is no dispute;

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