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(영문) 서울중앙지방법원 2018.01.09 2016가단158574
손해배상(기)
Text

1. The Defendant’s KRW 28,140,00 for the Plaintiff and 5% per annum from January 7, 2017 to January 9, 2018.

Reasons

1. Facts of recognition;

A. On November 26, 2015, C apartment housing (hereinafter referred to as “C apartment housing”) concluded a contract with the Defendant for the removal and recovery of multi-family housing for the removal and recovery of “multi-family housing (E apartment model housing) lots of land outside D outside D in Gwangju-si, and for the removal and recovery of the removed construction materials (any of the sales proceeds of the removed construction materials that should be paid to the Plaintiff, after the model house was removed) until December 28, 2015, with the period of removal fixed as KRW 13,00,000 (additional separately).

(hereinafter “instant construction contract”). B.

On November 27, 2015, the Defendant paid KRW 13,000,00 to the Plaintiff.

C. The Defendant did not complete the instant construction by December 28, 2015, and notified the Defendant of the cancellation of the said contract on January 25, 2016.

C Housing paid KRW 26,840,00 to F Co., Ltd. (hereinafter referred to as “F”) for the remaining portion of the construction that the Defendant failed to perform, and completed the construction work around February 1, 2016.

E. On October 6, 2016, C Housing transferred claims related to the instant construction contract to the Plaintiff, which was practically in charge of the instant construction contract affairs, and notified the Defendant on the same day.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant construction contract was terminated due to the Defendant’s cause attributable to the Plaintiff, the Defendant asserts that the Plaintiff is obliged to pay the Plaintiff KRW 31,140,000,00, totaling KRW 31,000,000, which the Plaintiff paid to the Defendant on January 16, 2016, on condition that the Defendant delayed the construction work, and entirely removes wastes and disposes of septic tanks.

B. The defendant's assertion that the plaintiff paid to F is actually the amount of the plaintiff.

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