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(영문) 대전고등법원 2017.12.15 2017나10754
손해배상(기)
Text

1. Of the judgment of the court of first instance, part of the Plaintiff’s claim for money against Defendant Shin Chang Industrial Co., Ltd. and Defendant.

Reasons

1. The reasoning for this part of the judgment of the court is the same as the reasoning of the judgment of the court of first instance, and thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act

2. The plaintiff's assertion

A. At the time of the conclusion of the steam supply contract, Defendant New Chang-si agreed to set the Plaintiff’s Intervenor to the Plaintiff and the superficies with respect to the site for the instant factory buildings, etc. among the instant land (hereinafter “the instant superficies agreement”).

The Plaintiff’s Intervenor believed the instant superficies agreement and loaned KRW 6.6 billion to the Plaintiff.

However, in violation of the superficies agreement of this case, Defendant New York did not create superficies on the supplementary intervenor.

B. The Plaintiff was scheduled to provide additional loans of KRW 1.2 billion from the Intervenor’s Intervenor in addition to the above KRW 6.6 billion, but the Defendant failed to obtain additional loans of KRW 1.2 billion due to the Defendant’s failure to grant superficies to the Intervenor in the Plaintiff’s Intervenor.

In addition, even if Defendant New Chang Co., Ltd agreed to pay the steam purchase price of KRW 35,00 per ton to the Plaintiff, it delays the payment of the steam purchase price by using the wife where the creation of superficies is delayed due to the delay in the creation of superficies.

C. According to the fact that Defendant New Chang Design did not give superficies to the Plaintiff’s Intervenor, the Plaintiff incurred losses (i.e., the Plaintiff failed to obtain additional loans of KRW 1.2 billion; (ii) losses due to increased risk of removal of the factory buildings, etc. of this case; and (iii) losses due to delay in the payment of steam purchase price in Defendant New Chang Design Site.

The sum of the above damages is at least 12 billion won. D.

On the other hand, the defendant king is a joint and several surety for all the obligations owed to the plaintiff of the defendant Shin Chang-gu according to the steam supply contract of this case. Thus, the defendant king is jointly and severally liable to compensate the damages suffered by the plaintiff to the plaintiff.

E. Therefore, the Defendants are jointly and severally liable to the Plaintiff.

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