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(영문) 광주고등법원 2015.01.16 2013나5588
손해배상(기)
Text

1. The judgment of the first instance court on the basis of the Plaintiff (Counterclaim Defendant)’s appeal against Defendant C and the appeal filed by the Defendant (Counterclaim Plaintiff) B.

Reasons

1. Basic facts are those who were trying to operate a pension project in the Donnam-gun, Jeoncheon-si, and Defendant B is those who run the manufacturing business of container buildings under the trade name of “D” (business registration number F) in Dancheon-si, Jeoncheon-si.

(B) Defendant B opened the aforementioned D on May 20, 200, and closed the business on March 6, 2012). Meanwhile, on October 15, 2011, Defendant C registered the name of “D” (type of business is the container building and steel door manufacturing business) as “D” (type of container and steel door manufacturing business). On November 7, 2011, Defendant C transferred the location of the business to “Y and N” and corrected the trade name on September 17, 201 from “D” to “G”.

On October 3, 2011, the Plaintiff entered into a contract with Defendant B to install the balcony housing (200 million won in the contract) and the balcony of each of the instant housing units at the contract price of KRW 200 million (22.1.5 million in the contract) (hereinafter “instant installation contract”), and paid the down payment of KRW 100 million to Defendant B on the same day.

After that, the Plaintiff concluded a construction contract with Defendant B to additionally install one unit of management room (8 square meters) and two unit of ethyl ethyl (8 square meters and 16 square meters) on the said land at a contract price of KRW 64 million.

Around January 17, 2012, Defendant B completed the construction work under the foregoing installation contract and additional installation contract (hereinafter referred to as “instant pentine”). On February 9, 2012, the Plaintiff completed the registration of ownership preservation on the instant pentine six roads, etc.

However, due to the strong wind caused by the influence of typhoons around August 28, 2012, there was an accident involving the entire roof of the instant pention and the entire roof of the instant pention (hereinafter “instant accident”).

- Grounds for recognition - without dispute, Gap evidence 1 through 6, 10, 11, 13, 14;

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