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(영문) 서울동부지방법원 2017.09.21 2016가단30266
손해배상(기)
Text

1. The defendant is from August 25, 2016 to the plaintiff (Appointed Party), the appointed party B, C, D, and E respectively, and the amount of KRW 40 million.

Reasons

1. Facts of recognition;

A. The Plaintiff (Appointed Party; hereinafter referred to as the “Plaintiff”); D; and E are the owner of the five-story collective housing (G non-Dong B; hereinafter referred to as “non-Dong”) newly built on one parcel, other than the GF of Gangdong-gu Seoul Metropolitan Government, and the Selection B and C are the owner of the five-story collective housing (GA Dong; hereinafter referred to as “non-Dong”) newly built on two parcels, other than the above H H.

B. On September 17, 2015, the Plaintiff and the designated parties (hereinafter referred to as “Plaintiffs, etc.”) ordered the Defendant to move to the said EM and new construction works without consent.

Details of the specific contract agreement shall be as follows:

(hereinafter referred to as “instant contract” . 1) Transfer: A period of construction of KRW 1.129 million (excluding value-added tax); period from September 22, 2015 to February 28, 2016; advance payment of KRW 250 million; payment of KRW 1.10 million after completion of the payment for delay; payment of KRW 1.1 billion for delay; payment of KRW 1.1771 million for construction; period of construction from September 22, 2015 to February 28, 2016; payment of KRW 250 million for delay; and payment of KRW 1.1 million for delay after completion of the payment for delay; payment for delay; payment for delay at the rate of 1.1 million for delay; payment for delay; payment of KRW 1.1 million for delay; period of construction from September 22, 2015 to February 28, 2016; payment for advance payment of KRW 250 million; and payment for delay after completion of the payment for delay.

C. According to the instant contract, the Plaintiff et al. paid the Defendant the sum of KRW 500 million (=250 million) to the Defendant as advance payment (=20 million).

After that, the defendant complained of the shortage of funds in the process of the new construction project and requested the plaintiff to provide additional financial support.

Accordingly, the plaintiff et al. completed the registration of initial ownership by filing an application for provisional seizure of the above AB and BB, and completed the registration of initial ownership, and received a loan of KRW 600 million from the bond business operator and paid it to the defendant.

The loan interest rate was borne by the Defendant.

However, the defendant did not pay the above interest on the loan, and the plaintiff et al. additionally paid the total of KRW 100 million due to the interest on the loan and the direct payment of the defendant's sewage subcontractor.

E. Despite the Plaintiff’s additional financial support, the Defendant is actually performing construction work from March 2016.

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