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(영문) 서울동부지방법원 2015.09.02 2013가합101867
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) KRW 67,392,500 and KRW 7 million among them, from September 19, 2013 to September 2015.

Reasons

1. Basic facts

A. According to the instant construction contract, the Plaintiff was aware of the land to be purchased to newly construct a electric source house, and on December 18, 201, the Plaintiff is deemed to be the Plaintiff’s land Do 990 square meters (hereinafter “instant land”) upon introduction by Defendant C on December 18, 201.

2) On February 4, 2012, the Plaintiff concluded a service contract with Defendant Company (director E) and Defendant Company (hereinafter “instant construction”) on the basis of the current status survey, boundary survey, permission for diversion of farmland, development activities, civil engineering design, authorization and permission, construction design, authorization and permission, and other matters necessary for authorization and permission, which are necessary for the construction of housing on the instant land (hereinafter “instant construction”). The contract amount is KRW 10 million.

3) In addition, the Plaintiff and the Defendant Company: (a) the instant construction cost of KRW 245,00,000 (in the case of a contract, KRW 130,000,000 in advance; (b) an intermediate payment of KRW 80,000,00 in advance at the completion of the charnel; and (c) KRW 35,00 after completion; and (d) August 5, 2012 at the completion date; and (b) the construction contract at the rate of KRW 1/100 in compensation for delay (hereinafter referred to as “instant construction contract”).

B) On the other hand, the Plaintiff and Defendant C obtained permission to occupy and use a river site around 800 square meters around the instant land before commencing the instant construction work, and performed the civil construction work of piling up soil on the river site (b) and piling up landscaping rocks on the ground of up to 1,400 square meters in the instant land and river site, and performed the construction work of planting landscape trees, etc. around July 2012, upon receiving an order to restore the river to its original state from Chuncheon City. C) Defendant C received KRW 176 million from the Plaintiff on January 17, 2012 to May 9, 2012, and transferred KRW 35 million among them to the company (on April 3, 2012, KRW 300,000,000).

2 The Defendant Company: (a) KRW 5 million on April 3, 2012, including KRW 35 million from the Plaintiff; (b) KRW 80 million on April 6, 2012; and (c) April 23, 2012, including KRW 35 million from the Plaintiff.

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