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(영문) 서울고등법원 2016.07.22 2015나22863
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The parties’ status P Co., Ltd. (hereinafter “P”) is the executor of the business that newly constructs and sells a shop with the 7th underground and the 10th ground level above the ground level on the ground, including Sungnam-si Q. (hereinafter “instant commercial building”).

The Defendant (hereinafter “Defendant”) or the Defendant Company (hereinafter “Defendant Company”) is a contractor awarded a contract for the construction of the instant commercial building in P.

B. 1) The Plaintiffs concluded the sales contract of each of the instant sales contracts with P and “the date of the sales contract” on the corresponding date indicated below, and agreed to pay the cost for commercial development in addition to the sales price (hereinafter “each of the instant sales contracts”), while paying the cost for commercial development (hereinafter “each of the instant sales contracts”). The Plaintiffs agreed to pay the cost for commercial development in addition to the sales price.

If only the commercial development cost claimed by the Plaintiffs was separately determined, the “each of the commercial development cost of this case” shall be deemed as the “each of the commercial development

A. Sales price for the Plaintiff’s sales unit (the same applies to the Plaintiff’s sales unit; hereinafter the same)

A. On November 30, 2002, A. 102, 78, 718, 560, 760 7.7.4 million 2,203, 78, 718, 560 7.7.4 million 2 C on January 14, 2003, 19, 630 114-614, 699, 630 million 1,6300 1,6300,000 114,69,630 58,000 3D 3,2003, 1718,086, 2503,500 1,000 on September 24, 2003, the Plaintiff asserted that the above commercial development cost was included in the "1 million 1,000,000 won" of the commercial development cost.

4 H on January 14, 2003, Nos. 117- 61,699,630 million 5.8 million 4, 118,699,630 million 4, 118,699,630 5.8 million 154, 36,223,880 3.7 million 7.7 million 7.7 million 55, 155, 36,223,880 3.7 million 7.7 billion 5, 2003, 118,152, 9602,3270, 3270,000 5 I asserted that "the above plaintiff's contract amount contains one million commercial development cost" on September 23, 2003.

6. The Plaintiff’s 60th of January 1, 2003, which was not known from J’s 60th of April, 2003, said Plaintiff paid a total of KRW 20 million for virtual development costs.

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