logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.07.01 2015나25978
공사대금반환
Text

1. The plaintiff's appeal and the plaintiff's selective claim added by this court are all dismissed.

2. Appeal;

Reasons

1. The facts following the facts are either in dispute between the parties or in full view of Gap evidence Nos. 1, 2, and 3-1, 2, and 3, and the purport of the entire pleadings. A.

Defendant C, who runs the construction business under the name of “D” in the name of Defendant B, as well as the Plaintiff, entered into the second civil construction contract with respect to the said land, setting the construction cost of KRW 60 million on May 2010 and setting the first civil construction contract with respect to the land outside Yongsan-gu, Busan-gu, Busan-gu, and the construction cost of KRW 120 million on October 28, 2012, respectively.

In addition, on January 3, 2013, the Plaintiff and Defendant C concluded a construction contract that sets the construction cost of KRW 265 million to construct a building on the ground of the said land (hereinafter “new construction contract”).

B. Although Defendant C completed the contract for the first and second civil engineering works, the instant new construction works discontinued on May 2013 without completing the contract, and the Plaintiff’s children completed the contract on March 2014.

2. Determination as to the claim against Defendant C

A. Plaintiff’s assertion 1) Although Defendant C paid a total of KRW 35 million as the price for the new construction of this case exceeding KRW 265 million, Defendant C arbitrarily discontinued the new construction of this case, Defendant C is liable to compensate the Plaintiff for damages equivalent to KRW 103,62,50,000,000,000,000 for the new construction of this case, and Defendant C did not perform the construction of this case by arbitrarily suspending the new construction of this case.

arrow