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(영문) 창원지방법원통영지원 2017.09.07 2016가합10687
손해배상(기)
Text

1. The Defendants jointly share KRW 300,000,000 with respect to the Plaintiff, and Defendant B Co., Ltd. from June 8, 2016.

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company conducting construction business, etc., and Defendant C, which is between the Plaintiff and the high school, is the representative director of Defendant B.

B. On September 21, 2015, the Plaintiff entered into a sales contract with respect to 939 square meters for the purpose of newly constructing a Moel (hereinafter “instant land”).

C. On September 25, 2015, the Plaintiff concluded a construction contract with Defendant B and the instant land accommodation construction project (hereinafter “instant construction project”) on April 30, 2016 for the completion of the instant construction project; and concluded a construction contract with the construction cost of KRW 1 billion (hereinafter “the instant first construction contract”); and on September 24, 2015, the Plaintiff remitted the design cost of KRW 25 million to Defendant C.

The Plaintiff paid a balance of the instant land and completed the registration of ownership transfer on October 28, 2015.

E. On November 4, 2015, the Plaintiff partially modified the terms and conditions of the contract for construction works with Defendant B (hereinafter “instant secondary construction contract”) and subsequently concluded a contract for construction works again (hereinafter “instant secondary construction contract”). The date of commencement was “10.10,” the date of commencement,” “five months after commencement,” “five months after commencement,” and “1.2 billion won,” respectively.

F. On November 5, 2015, the following day after the conclusion of the instant construction contract, the Plaintiff remitted KRW 300 million to Defendant B as the down payment, and thereafter, the Plaintiff, as the construction price under the instant construction contract, remitted to Defendant C each of the following amounts: (a) KRW 40 million on November 26, 2015; (b) KRW 60 million on December 11, 2015; (c) KRW 30 million on December 24, 2015; and (d) KRW 20 million on January 13, 2016.

G. Although the Plaintiff paid money to the Defendants, the Plaintiff did not commence construction works under the instant construction contract, the Plaintiff filed a complaint with the Defendant C, and the Defendant C filed a complaint with the Changwon District Court on June 22, 2017 in the case 2016Kadan2021.

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