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(영문) 대구지방법원 2017.08.17 2017나303838
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. Facts of recognition;

A. On February 6, 2013, the Plaintiffs entered into a construction contract with the Defendant for the construction of urban-type residential housing (hereinafter “instant construction”) on the ground of Daegu North-gu Seoul (hereinafter “instant land”) to the extent that the construction cost is KRW 3,283,00,000, and the construction period is determined from March 5, 2013 to January 30, 2014.

(hereinafter referred to as “first contract”). (b)

On February 21, 2014, the Plaintiffs expressed their intent to cancel the initial contract to the Defendant on the ground that “the instant construction was suspended on four occasions by the Defendant, and the construction was suspended on February 6, 2014 and is not implemented after suspending the construction.”

C. On April 14, 2014, the Plaintiffs reduced the construction cost to the Defendant at KRW 2,612,50,000 regarding the instant construction works, and concluded a contract to modify the contract for construction works as of October 15, 2014 with the scheduled completion date of construction works.

(hereinafter “Modification contract”). 【No dispute exists, Gap evidence Nos. 1, Eul evidence Nos. 1 through 3, and the purport of the whole pleadings.

2. The parties' assertion

A. The plaintiffs' assertion and the defendant agreed that "the plaintiff shall borrow the land of this case from the bank as collateral and pay the construction cost to the defendant, and the interest cost for the loan shall be 580,000,000 won, excluding the remainder of 500,000,000 won which the plaintiffs individually use, out of the above loan, shall be borne by the defendant."

However, the plaintiffs paid interest costs of KRW 19,851,876 for the above KRW 580,000,000 to be borne by the defendant.

Therefore, the defendant is obligated to pay the above 19,851,876 won and damages for delay thereof to the plaintiffs as compensation for damages or return of unjust enrichment due to non-performance of contractual obligation.

Even if the initial contract was rescinded, the defendant is liable to the plaintiffs for damages due to the non-performance of the obligation to pay interest under a special agreement pursuant to Article 551 of the Civil Code, and the above KRW 19,851,876.

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