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(영문) 대전고등법원 2015.11.25 2013나5792
손해배상
Text

1.(a)

Of the part against Defendant C in the judgment of the first instance, the following amounts are the plaintiffs.

Reasons

1. The reasons why the court should explain this part of the basic facts are as stated in paragraph 1 of the judgment of the court of first instance, except for the dismissal of each corresponding part of the judgment of the court of first instance as follows. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 7: “If the instant construction work has not been completed even after four months have elapsed from the date of the construction permit, unlike the agreement,” the instant construction work was not carried out smoothly as of April 5, 2012 under the table Nos. 4 and 5 below, “If it is difficult to complete the instant construction work by April 5, 2012, different from the agreement, as of the time four months have elapsed from the date of the construction permit,” the column No. 8 of the column No. 4 and 5 under the table No. 7, “the Plaintiff” of the column No. 8 of the column No. 8, to read “the Plaintiff,” “the Plaintiff,” and the column No. 3 of the column No. 9, which read “the court,” to read “the court of first instance”.

2. Summary of the parties' arguments

A. The plaintiffs' assertion 1) With respect to the claims against the defendant C, the claims amount is 212,729,340 won, which is the amount claimed as of July 27, 2013, while changing the claims regarding the agreed construction cost and the agreed construction cost rate several times, and the claims amount is 212,729,340 won, which is the amount claimed as of July 27, 2013. A) The agreement on the construction cost under the contract of this case is 459,00,000 won [1,200 square meters x 3,00,000 won x 46 square meters in total of the area of the underground floor part of the underground floor (excluding the part of the pen portion) x 1,50,00 won x 50.87% in total, so if the plaintiffs pay 5,000 won in material cost due to changes in the wall size x 3009,300,500 won [309,400 won]

B) However, the Plaintiffs paid directly to the Defendants KRW 395,00,000 ( KRW 90,000,000,000,000, which was deposited in Defendant D’s account, as security of the instant orchard - KRW 15,00,000, which was received as security of the instant orchard - Defendant C’s contract deposit, and KRW 49,80,80,140,00 (M) instead of Defendant C.

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