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(영문) 서울고등법원 2015.03.11 2013나44500
손해배상등
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Grounds for this part of this Court’s reasoning are stated in Paragraph 1 of the reasoning of the judgment of the first instance.

(Article 420 of the Civil Procedure Act). (2) On February 2, 199, Defendant Akia claimed by the Plaintiff incurred damages of KRW 78,280,698,00 in relation to the non-execution, the non-execution, the non-performance, the non-performance, the non-performance, and the non-performance.

In addition, on December 5, 201, the expiration date of the construction period of this case, the construction of this case was not completed by December 5, 201, and the construction was suspended at a fair rate of 85% around December 25, 201, and the time when the Plaintiff could have terminated the contract of this case and completed the construction through the follow-up company, the period from December 6, 2012, which is the day following the expiration date of the construction period under the contract of this case, at least 66,00,000 won for liquidated damages (1,10,000,000 x 60 days x 0.01).

Defendant Seoul Guarantee Insurance issued the performance guarantee insurance policy up to KRW 110,000,000, which is 10% of the construction cost.

Therefore, Defendant Lata is obligated to pay to the Plaintiff damages or unjust enrichment amounting to KRW 78,280,200,200, damages amounting to KRW 200,698,000 due to defective construction, and damages for delay amounting to KRW 344,978,00,000, and damages for delay amounting to KRW 66,00,00,000 due to defective construction. Defendant Seoul Guarantee Insurance is obligated to pay to the Plaintiff the damages amounting to KRW 110,00,000, and damages for delay due to the performance of the contract, among the above amounts by Defendant Lata and the above amounts.

3. Determination as to the claim against Defendant Ckia

A. Where the construction of the instant construction has not been interrupted during the course of the construction, the construction shall be deemed to have been completed if the last process of the scheduled construction has not been completed, but the main structure of the construction shall be as agreed upon.

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