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(영문) 의정부지방법원고양지원 2015.08.21 2014가합5913
손해배상
Text

1. The Defendants jointly and severally filed KRW 15,000,000 on August 2, 2014 with the Plaintiff (Appointeds) and the Appointeds D, respectively.

Reasons

1. Basic facts

A. On April 21, 2014, the Plaintiff and the Selected D (hereinafter referred to as the “Plaintiff”) concluded a construction contract with the Nonparty E company jointly operated by the Defendants on April 21, 2014, under which the Defendants set the construction period at KRW 90 days from the commencement date of the construction work and the construction cost at KRW 125 million on the land outside F at the time of ordering the Plaintiff to construct the building (hereinafter referred to as the “instant construction contract”).

B. The Plaintiff’s side is the Defendant B’s KRW 20 million on April 23, 2014 and the same year.

5.7.15 million won, and the same month;

8. The account transfer of 19 million won and 15.1 million won for the same month and the same year.

6.2. 2.2.2.2. 25 million won was paid in total as construction cost under the instant construction contract (i.e., KRW 15 million in total).

C. The Plaintiff’s side is the Defendants on June 27, 2014, June 30 of the same month, and the same year.

7.2. On the ground that the height of the instant building was lower than the design, the Defendants did not submit design drawings, and delayed construction of the instant building, each notice was sent by content-certified mail containing the content that the instant construction contract will be terminated on the grounds that the construction work of the instant building was delayed, and this reached the Defendants around each time.

Plaintiff

On July 3, 2014, the non-party G and the Defendants, who were the father of the Plaintiff’s side, concurrently employed by their agents, agreed to suspend the construction of the instant building, and signed an agreement containing the following contents (hereinafter “the first agreement”).

(The proviso clause introduces the Defendants to the Plaintiff and stated that Nonparty H was on the same day, which was signed by G as the Plaintiff’s agent). 1. At the present time of discontinuance of construction ( Saturdays on June 28, 2014), the details of the payment of KRW 90,000,000 shall be submitted to the Plaintiff as a written estimate.

2. Floor height design drawings;

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