(영문) 서울중앙지방법원 2014.10.29 2014가합1008

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(영문) 서울중앙지방법원 2014.10.29 2014가합1008

손해배상 등

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Defendant A and B, C, D, E, F, G, and H (hereinafter “Defendant A and seven others”) concluded an agreement on the new construction of urban residential housing (hereinafter “instant project” and the said agreement between the Plaintiff and the Plaintiff on August 2, 2012, regarding the aggregate of 1,386.3 square meters of the size of the 6 lots of land in Seocheon-si and Seocheon-si and J, K, and L (hereinafter “instant land”). The Plaintiff entered into an agreement on the new construction of urban residential housing (hereinafter “instant project”) with the Plaintiff on August 2, 2012, regarding the aggregate of 1,819.7 square meters of the size of the 8 lots of land in addition to M and N land (hereinafter “instant land”).

Article 5 (Service and Work) "A (Defendant A and 7 other)" and "B (referring to the plaintiff)" shall faithfully perform the roles, duties, and responsibilities of the following paragraphs:

(1) The roles and duties of “A”

6. The roles and duties of “B” and “B” in the selection of a contractor and in the implementation of a PF loan.

4. The payment of interest on the loan principal on the land No. 2 of this case

5. Handling of construction authorizations for “the Project”

7. Selection of the contractor of the Project “the Project”;

8.The number of financial institutions for the implementation of the PF lending of "the Project" and Article 9 (Authorization and Permission of Project) (1) "B" shall take over the construction authorization and permission contract executed by "A" prior to "the present Arrangement", "A" shall recognize and compensate for the costs incurred by "A" as project costs, and the remainder of the design service cost not paid up to now shall be the responsibility of "B".

6. If a situation occurs in which the building permit (project approval) acquired by the “A” for the land of this case among the project sites occurs, the “B” shall notify the “A” in advance, and shall be adjusted with the consent of the “A”. If the damage incurred by the “A” in violation of this provision is compensated by the “B”.

Article 12 (Selection of Project) (1) "B" shall be construed as "B".

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