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Reasons
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(영문) 부산고등법원 2018.08.23 2017나55179
손해배상(건)
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1. The judgment of the court of first instance against the defendant exceeding the following amount ordered to be paid.

Reasons

1. Basic facts

A. 1) On December 17, 2012, the Defendant entered into a construction contract with the Plaintiff’s land E-type E-type residential housing (hereinafter “E”) on the ground D in Hanam-gun, Hanam-gun, Hanam-gun, Hanam-gun.

(2) On December 17, 2012, the construction cost of new construction was KRW 611,00,000, and the construction period was determined from December 17, 2012 to April 30, 2012, the Defendant entered into a contract with the Plaintiff for a new urban-type residential housing (hereinafter referred to as “G”) on the same day from Plaintiff B to April 30, 2012. On the same day, the Defendant entered into a contract with the Plaintiff that the construction cost of new construction is KRW 50,00,000,000, and the construction period from December 17, 2012 to April 30, 2012.

3) On May 30, 2013, the Defendant entered into a contract with Plaintiff A to change the construction price of KRW 616,300,000, and the deadline for completion by July 30, 2013. On the same day, the Defendant entered into a contract with Plaintiff B to change the construction price of KRW 55,30,000, and the deadline for completion by July 30, 2013. (b) The Defendant entered into a contract with Plaintiff B to change the deadline for completion by July 30, 2013.

hereinafter the same shall apply.

(2) The details of the performance agreement

1. With respect to the work for which Eul (referring to the defendant; hereinafter the same shall apply) is contracted to Gap and is performing construction work for E and G, Gap shall not be responsible for any defects and management;

2. From October 15, 2013, “A” shall not participate in all the construction sites of “B”, “B” shall bear all the necessary construction costs after the completion of its commitment and shall not require “A” to cover construction costs.

Article 2 (Contents of Implementation Arrangements)

1. B must promptly proceed with the completion of the inspection.

3. Eul shall, upon completion of a completion inspection and issuance of a construction permit, pay Gap the purchase price of E and G to KRW 1,050,000,000, and shall be paid for bank loans, and if any balance is insufficient, only KRW 100,000,000 and the payment deadline shall not exceed 90,000.

(B) A shall create two-lane collateral security to A, and immediately Party A shall terminate the creation of collateral security at the time of additional bank loans)

4. B shall undergo the completion inspection and.

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