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(영문) 서울중앙지방법원 2015.08.28 2010가합135637
손해배상 등
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 2,747,222,450 to the Defendant (Counterclaim Plaintiff) and its related amount from July 20, 201 to August 28, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Plaintiff entered into the instant construction contract, etc.) The transfer-in apartment on the land outside 384 and 2 lots, Suwon-si, Suwon-si, Suwon-si, and the transfer-in apartment (hereinafter “instant apartment”).

) A reconstruction project (hereinafter referred to as “instant reconstruction project”)

(2) On July 24, 2002, the Plaintiff submitted a plan to participate in the project of the reconstruction project of this case from the Defendant on July 24, 2002, and appointed the Defendant as the contractor at the inaugural general meeting of the Plaintiff on August 3, 2002. On November 20, 2005, at the general meeting of the administration and disposal plans opened on November 20, 2005, resolved on the contents of the management and disposal plan and the construction contract to be entered into with the Defendant, and entered into a construction contract with the Defendant on November 21, 2005 (hereinafter “instant construction contract”). The main contents are as follows.

Article 3 (Principle of Implementation of Projects)

1. As the principal agent of the instant reconstruction project, Party A (Plaintiff) shall secure 100% ownership and exclusive-use water rights necessary for the instant apartment reconstruction project, which are owned or connected by Party A, so as not to impede the schedule of the project (Defendant), such as the commencement of construction works, etc. of Party B (Defendant), pay the construction cost, etc. under the provisions of Article 19, and reimburse the loans, etc. borrowed from Party B.

Article 4 (Scope of Construction Works and Costs-Bearing)

1.The scope and anticipated objects of the Project to be performed by B under this Agreement shall be as follows:

The scale of construction - The objects of the removal of the existing building and the construction for the construction for the remainder disposal construction (based on a design change plan of an association): The scale of construction - The scale of construction - The scale of 3 underground floors, 23 apartment buildings of 15-26 stories of the ground, 166,545.37§³ of the ground (50,379.98 square meters of the ground), 67,548.90 square meters of the underground (20,43.54 square meters) and the aggregate of 234,094.27 square meters (70,813.52 square meters): 248.68%: the total number of households: 1,351 households, and the scale of new construction shall be a design change plan implemented by the association.

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