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(영문) 서울중앙지방법원 2011.12.28 2011가합57833
손해배상(기)
Text

1. All claims filed by the plaintiff (appointed party) and the designated parties are dismissed.

2. The costs of lawsuit are assessed against the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. The Plaintiff (Appointed Party) and the Appointed Party C’s husband, who is the father and the Appointor B, shall newly construct an apartment building of 17 households on the land of Seoul, Jung-gu E and F owned by himself (hereinafter “instant apartment building”), and shall entrust G and H with the implementation of the instant apartment construction project.

B. Accordingly, G requested a certified architectJ operating I of the architect office to prepare an overall project plan, including project costs, and D, G, and H entered into a business agreement with the following contents (hereinafter “instant agreement”) on June 29, 2006 based on the business plan proposed by J.

However, H entered into the instant agreement in the name of Dong-in K because of credit-related problems.

Specialized “A” means “D”, “B” means “L Company G”.

1. A shall exercise his duties and rights as an owner;

2.B Implementers G will not make efforts to ensure the success of the project as a whole and comply with the provisions of the standard contract agreement for private construction works.

3. The defendant, who is a contractor (it was changed from the Ktech Integrated Construction Co., Ltd to the current trade name on September 3, 2009) is under the responsibility of Eul, and Eul is acting on behalf of the defendant's rights and obligations.

Section 1 (Supervision of the Project) of the main text shall be in charge of all matters, such as construction, design, supervision, interior works, sale in lots, etc. of the Project, and shall be in charge of civil and criminal legal liability for all losses incurred in personnel affairs and property.

Paragraph 3 (Project Costs) The project cost required for the project is the total floor area (890 square meters) ¡¿ the average project cost (3.2 million won) = the amount calculated by subtracting the value added tax of KRW 2.8 billion from the total project cost.

section 30.

Additional expenses shall be deemed not to exist until the completion of sale in lots or the completion of sale in lots is acquired.

Where an increase or decrease in the area occurs at the time of completion of paragraph (4) (Settlement of Project Funds) the unit price under paragraph (3) shall be settled.

Various insurance and construction projects and buildings in project costs under paragraph (5) (Contents of project costs).

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