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(영문) 서울고등법원 2019.01.18 2018나2031949
용역비 및 손해배상금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

Basic Facts

On April 9, 2014, the Plaintiff newly constructed a multi-household 6 unit (hereinafter referred to as the “instant building”) with the Defendants on the first underground floor and the fourth floor size above the ground (hereinafter referred to as “instant land”) in Sungnam-si Edong (hereinafter referred to as the “E-dong”) (hereinafter referred to as the “instant land”), Sungnam-si, the Plaintiff entered into a joint business agreement with the Defendants that all of the proceeds from the said new construction project, excluding the above land price, belongs to the Plaintiff (hereinafter referred to as the “instant agreement”), and the Plaintiff’s representative director, as of the same day, jointly and severally guaranteed the Plaintiff’s obligations to the Defendants under the instant agreement.

The main contents of the instant contract relating 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.

§ 16 (Matters of Special Agreement) ① This project shall be the total project cost of KRW 10.4 billion, including the land price of KRW 4.4 billion, and shall be secured by land.

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