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(영문) 서울중앙지방법원 2018.05.23 2017가합21195
용역비 및 손해배상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 9, 2014, the Plaintiff newly constructed a multi-household 6 unit (hereinafter “instant building”) on the first basement, G, H, and I (hereinafter collectively referred to as “instant land”) in Sung-nam-si Edong (hereinafter referred to as the “E-dong”) that is owned by the Defendants, and entered into a joint agreement with the Defendants on the following: (a) the Plaintiff’s construction of the first basement, G, H, and I (hereinafter referred to as “instant land”); (b) the Plaintiff paid KRW 4.4 billion land price to the Defendants; and (c) the remainder of the profits from the said new construction project, other than the said land price, belongs to the Plaintiff (hereinafter “instant agreement”); and (d) the Plaintiff’s representative director, on the same day, jointly and severally guaranteed the Plaintiff’s obligations to the Defendants under the instant agreement.

B. The main contents of the instant contract pertaining to the instant case are as follows.

Article 4 (Reverse and Liability) (2) Roles Plaintiff's Roles and Responsibility

1. Construction authorization and permission (including alteration), design, borrowing of funds, execution, sale in lots or lease for the business progress;

2. The loan and new loan shall be appropriated to the construction cost, and if the plaintiff fails to carry out construction works for more than 2 months (60 days) due to the shortage of funds, etc., the defendants may rescind this contract. In such a case, ownership of the building constructed in the main business area belongs to the defendants, and if the above building is disposed of to a third party, the remaining amount after deducting the defendants' land price shall be calculated and paid to the plaintiff.

In the event of shortage, the plaintiff and the J shall be jointly paid.

(3) Where any loss is caused in violation of this contract, a party who is responsible for such loss shall be liable to the other party.

Article 16 (Matters of Special Agreement) ① This project sets the total project cost of KRW 10.4 billion, including the land price of KRW 4.4 billion;

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