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(영문) 서울남부지방법원 2015.10.23 2010가합12075
손해배상(일부금)
Text

1. The part of the instant lawsuit claiming litigation costs shall be dismissed.

2. The Defendants jointly do so to the Plaintiff on 93,478.

Reasons

1. Basic facts

A. The Plaintiff Incorporated Foundation A (hereinafter “Nonindicted Foundation”) prior to the parties’ status taking over the lawsuit is a non-profit incorporated foundation established for the purpose of establishing and operating medical institutions.

Defendant C (hereinafter “Defendant C”) is a company that runs a construction business, etc., and Defendant D (hereinafter “Defendant D”) is a company that runs a security business, etc.

B. On March 16, 1995, the non-party foundation is a hospital building attached to Guro-gu Seoul E land (hereinafter "the building of this case") in the calculation of the company's calculation of March 16, 1995.

2) The construction work to build a new construction site was contracted (hereinafter “instant construction site”) and the land and buildings where the instant construction work is carried out are collectively referred to as “the instant construction site.”

(2) However, on November 29, 2005, the non-party foundation requested the suspension of the construction of this case in the calculation of the corporation for reasons of financial difficulties, and the construction was suspended on August 30, 1998. 2) The non-party foundation resumed the construction of this case by awarding the remainder of the construction of this case to Defendant C on November 29, 2005. However, the construction was resumed on March 2006.

The above contract was terminated on September 2006, and the defendant C accepted the said contract at the construction site of this case around October of the same year.

3) On June 29, 2006, the non-party foundation contracted the remainder of the instant construction to F and resumed the construction. From the end of 2006, the non-party foundation established a guard room on the first floor of the instant building and managed the building, and occupied the construction site by having a construction team on the third floor and a secretariat on the 10th floor to assign its employees. As the foundation delayed the payment of the construction cost, the non-party foundation discontinued the construction on February 12, 2007. 4) The non-party foundation continued the construction by awarding the remainder of the instant construction to G Co., Ltd. (hereinafter “G”), but G discontinued discontinued the construction on October 208.

5 The obligees of the instant construction price, F, etc., including F, shall be the obligees of the instant construction price on October 28, 2008.

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