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(영문) 서울중앙지방법원 2018.01.10 2017가합529514
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company engaging in real estate development, etc. and the Defendant Dongcheon Construction Office (hereinafter “Defendant Company”).

A) The business that newly constructs and supplies apartment units (hereinafter referred to as “instant business”) on a parcel of 58,660 square meters outside 172-2 and 102 square meters in the Dong-dong, Dong-dong, Chungcheongnam-gu, Chungcheongnam-do.

Defendant Pakistan is a supervisor of the instant project and is a local government. 2) The CN Global Co., Ltd. (hereinafter “CN Global”) is the executor of the instant project, and the Ddong Construction Co., Ltd. (hereinafter “Divedong Construction”) is the contractor of the instant project.

B. On October 9, 2009, 1) CN Global entered into a management-type land trust contract with the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) on December 14, 2009 and the trustor entered into a management-type land trust contract with the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) on December 14, 2009.

C. (1) On December 16, 2009, the Defendant Company was selected as a supervisor of the instant project from the Simju on December 16, 2009, and on December 23, 2009, the contract amount of the UN Global and the instant project was KRW 2,026,281703 (only the same shall apply to the absence of separate assessment, separate entry, and special entry).

) The term of the contract was set from December 23, 2009 to August 31, 2012 and entered into a construction supervision agreement (hereinafter “instant supervision agreement”).

(2) Since the conclusion of the instant supervision agreement two times, the contract amount was changed to KRW 2,210,203,524, and the contract term was changed from June 1, 2010 to November 30, 2012.

3) Detailed criteria for supervising housing construction works, applicable to the instant housing construction supervision contract (main provisions of No. 2009-653, No. 2010-975, and No. 2011-733 of the Ministry of Land, Transport and Maritime Affairs’ notice), are as shown in the attached Form

On March 31, 2011, the defendant company, the Korea Asset Trust, the United Nations Global, and the extreme construction, which entered into a succession contract.

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