logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원고등법원 2020.05.13 2019나18408
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. In the first instance court, the Plaintiff filed a claim for confirmation with respect to the contract on behalf of the construction work (change) with the Defendant Company B on May 21, 2016, the Defendants: ① a claim for damages following the imposition of development charges, ② a claim for damages due to the loss of the right to claim compensation, ③ a claim for damages equivalent to the interest on the secured loan, ④ a claim for damages due to the loss of income and mental suffering, and the first instance court dismissed all of them.

The plaintiff appealed from the judgment of the court of first instance only for the remainder of claims except (B) due to the loss of the claim for liquidated damages, (D) due to income loss and mental suffering (D).

Therefore, the scope of the judgment of this court is limited to the claim for confirmation of the contract on behalf of the construction work (change) for the defendant corporation on May 21, 2016, the claim for damages due to the imposition of the development charges against the defendants, and the claim for damages equivalent to the interest on the secured loan (Ⅲ).

2. The reasoning of the judgment on the basic facts and the defense of Defendant B’s main defense is as stated in the “1. Basic Facts” and “2. Defendant B’s judgment on the main defense of safety” among the grounds of the judgment of the first instance. Thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Judgment on the merits

A. Of the construction cost of the instant construction work change contract 241,00,000,000 won under the instant construction work agency contract, the Defendant’s KRW 10,000,000 exceeding the contract amount of KRW 231,00,000 under the instant construction work contract was included in the contract amount without any special cause. The Plaintiff and the said Defendant’s custody of KRW 10,000,000 between the Plaintiff and the said Defendant was promised to use the said KRW 10,00 in the future for the use desired by the Plaintiff.

Therefore, the above KRW 10,000,000 is the remainder of KRW 231,00,000,000, excluding this, since there is no reason to be included in the construction cost.

arrow