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(영문) 제주지방법원 2015.09.24 2014가합1160
손해배상(기)
Text

1. On May 2015, 2015, Defendant B Co., Ltd., and Defendant C Co., Ltd., Defendant C’s KRW 73,00,000, and each of the above amounts.

Reasons

Plaintiff’s assertion

On July 2013, the Plaintiff received a contract from the Defendants for a third party with respect to an apartment complex in Jeju-si D (hereinafter “instant apartment complex”) (hereinafter “first party”) with the price of KRW 247,90,000 (including value-added tax). However, the Plaintiff agreed to transfer the ownership of the instant apartment complex 711 in lieu of the said construction cost.

Nevertheless, the Defendants committed a breach of trust by providing the instant apartment No. 711 as a joint security.

Therefore, the Defendants are obligated to pay 247,900,000 won as damages for the above illegal acts or as damages for the nonperformance of the first construction contract, and damages for delay.

In addition, on June 20, 2013, the Plaintiff received a contract from the Defendants for construction work, such as a different day from E and one parcel of urban studio row housing (hereinafter “instant apartment house”) for KRW 73,00,000 (hereinafter “second apartment house”) and the ownership of the instant apartment house 302 is transferred in lieu of the said construction work cost.

Nevertheless, the Defendants committed a breach of trust by providing 302 apartment houses of this case as security.

Therefore, the Defendants are obligated to pay 247,900,000 won as damages for the above illegal acts or as damages for the nonperformance of the second construction contract, and damages for delay.

The criteria for distinguishing between the failure to complete construction works and the defect in the claim No. 1 on the claim against Defendant B as to the claim for construction works are suspended during the course of the construction works and the failure to complete the last process scheduled, the construction works shall be deemed to have been completed. However, if the construction is completed once the last process intended to be completed and the main structure is completed as agreed and the construction is completed in accordance with social norms. However, if it is required to repair due to incomplete works, the construction is completed, but the object

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