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(영문) 서울남부지방법원 2018.10.12 2018가합102448
손해배상(기)
Text

1. Defendant (Counterclaim Plaintiff) F Co., Ltd.: (a) the Plaintiff (Counterclaim Defendant) Company KRW 4,940,838; and (b) the Plaintiff (Counterclaim Defendant) B. 4,940.

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

1. Basic facts

A. The Plaintiffs are the owners of the Guro-gu Seoul Metropolitan Government H Land (hereinafter “instant land”) who implemented a reconstruction project to remove existing buildings and newly establish multi-family housing on the instant land as the owners of the instant land.

Defendant F Co., Ltd. (hereinafter “Defendant F Co., Ltd”) is the contractor who newly constructed the instant land as Class I neighborhood living facilities and I building J-dong (hereinafter “instant building”) and Defendant G is the representative director of the Defendant Co., Ltd.

B. On July 1, 2014, the Plaintiffs and Defendant Company: (a) newly constructed one household of neighborhood living facilities and eight households on the instant land by the Defendant Company around July 1, 2014; and (b) the Plaintiffs newly built one household of collective living facilities; (c) the Plaintiffs have two households of collective housing; and (d) the Defendant Company shall pay the Plaintiff Company KRW 180 million to the Plaintiff Company; (d) KRW 220 million to the Plaintiff Company; (e) KRW 220 million to the Plaintiff Company; and (e) KRW 220 million to the Plaintiff Company; and (e) KRW 180 million to the Plaintiff Company (the Plaintiff E acquires the contractual status of K) as construction cost (hereinafter “instant construction contract”).

(2) On November 5, 2014, the Plaintiffs entered into a loan agreement with L Cooperatives, and received loans each of KRW 130 million from L Cooperatives as collateral of the instant land in KRW 130 million.

C. During the process of performing civil engineering works to build the instant building, the Defendant Company, which agreed to the amendment contract of the construction contract, added a process that was not scheduled due to the discovery of base teams.

Accordingly, around April 2015, the Plaintiffs and Defendant Company bears additional construction costs in addition to KRW 10 million. The Defendant Company agreed that the four households of multi-family housing that the Plaintiffs agreed to take over the obligations of loans to the Plaintiffs’ Lents and the Plaintiffs agreed to purchase shall be paid in kind (hereinafter “this case’s performance acceptance”), and the above agreement is “this case’s agreement.”

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