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(영문) 서울고등법원 2018.06.01 2017나2067156
손해배상(기)
Text

1. The plaintiff (appointed party) and the remainder of the judgment of the court of first instance according to the selection of the appointed party by this court.

Reasons

1. Basic facts

A. On July 31, 2015, the Plaintiff, etc. and the co-Plaintiff C (hereinafter “C”) of the first instance trial and Defendant H (hereinafter collectively referred to as “instant contractor”) agreed that, around July 31, 2015, the co-Defendant F of the first instance trial (hereinafter “F”) will substitute the construction work for the construction work for the construction of multi-household housing with the 5th floor of 7 households on the ground of 199.5m2 Seoul Songpa-gu J (hereinafter “instant construction work”) with the construction cost of KRW 534.6 million, and the construction period of KRW 160 million on 160,000,000,000 for the said multi-household housing in lieu of the payment.

(A) evidence of heading 1.b.

After that, F commenced the instant construction work on August 26, 2015, but discontinued the construction work on May 2016, 2016, and the orderer in this case directly proceeded with the remaining construction and obtained approval for the use of the instant building on March 10, 2017.

C. Meanwhile, on April 26, 2017, the instant contractor completed the registration of initial ownership of one household among the seven households of the said multi-household house, and Defendant H acquired the ownership of 501 among them, and the instant contractor acquired one-six shares of each of the instant subcontractors with respect to subparagraph 402, which had been decided to pay in kind to F.

(No. 14 1 to 7). 2. Determination on the claim for contributions against Defendant H by the Plaintiff, etc.

A. Defendant H, including the Plaintiff, agreed to pay KRW 65,100,000 as the first contribution in order to bear the expenses incurred in entering into the instant contract for construction works, and subsequently, Defendant H, while the instant construction works are in progress, also paid KRW 4,31,40,00 as additional contributions to the Plaintiff, etc., Defendant H also should pay the same amount as the additional contribution. Nevertheless, Defendant H paid KRW 55,500,000 out of the first contribution to the Plaintiff, etc. on June 23, 2016, only remitted KRW 12,00,000,000 to the Plaintiff, etc. on June 23, 2016, and thereafter, the remainder of additional contributions (=6,51,000,000 won - KRW 5,550,000,000,000,000.)

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