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(영문) 서울동부지방법원 2019.12.06 2019나27149
손해배상(기)
Text

1. Revocation of the first instance judgment.

2. From September 4, 2018 to May 31, 2019, the Defendant paid KRW 21,808,219 to the Plaintiff and its related costs.

Reasons

The Plaintiff is a contractor who has been awarded a contract for reconstruction work (hereinafter “instant construction”). The Plaintiff is a person who has invested KRW 160 million in the construction cost of the instant construction at the Defendant’s request (hereinafter “sale agency contract”). Article 5 (Matters to be performed by the Defendant) (1) The Defendant shall provide the Plaintiff with necessary administrative support so that the Plaintiff can smoothly sell the instant construction cost. ② The Defendant is carrying out the construction work on behalf of the Plaintiff with a subsidy of KRW 1.60 million. The period of termination of the construction work shall be November 30, 2017; the Plaintiff shall complete the construction work on behalf of the Plaintiff with the same shares, size, D, E, F, and G as of the second floor of the relevant building; the Plaintiff shall faithfully perform its duty in sales contract; the Plaintiff shall pay to the Plaintiff the remainder of the construction cost of KRW 100,000,000, 200, 2000, 200, 200, 200, 300, 2000.

was issued and received.

The main contents of the instant sales agency contract and sales contract are as follows.

On or before October 30, 2017: The loan amount of KRW 160,00,000: The defendant shall receive construction payment from the plaintiff among the construction works of the loan of this case. The loan amount of KRW 160,000,000 from the defendant until April 30, 2018.

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