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(영문) 서울중앙지방법원 2013.10.25 2012가합54503
손해배상(기)
Text

1. Defendant (Counterclaim Plaintiff), Plaintiff (Counterclaim Defendant), New Mine Construction Co., Ltd., 16,92,917 won, and Plaintiff (Counterclaim Defendant).

Reasons

1. The facts falling under any of the following subparagraphs may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 3 and Eul evidence 4 to 6 (including paper numbers) and the whole purport of the pleadings:

Plaintiff

On May 201, 201, New Gwangju Construction entered into a contract for construction design and supervision of the so-called "D" with the defendant's representative director, with respect to the D three complexes in the same district in Mosung City, with the defendant's construction cost of KRW 40 million (in conclusion of the contract, KRW 12 million at the time of acquisition of permission, KRW 12 million at the time of completion of the contract, KRW 16 million at the time of completion of the contract). The plaintiff (F in the case of the Gu) entered into a contract for construction design and supervision of the D1 complex in the same district as the defendant on May 5, 201, KRW 65 million (in conclusion of the contract, KRW 19.5 million at the time of acquisition of permission, KRW 19.5 million at the time of completion of the contract, KRW 5 million at the time of completion of the contract, KRW 500,000 at the time of completion of the contract, KRW 500,500,000.

(hereinafter the above three contracts collectively referred to as "each of the contracts of this case", and D which the defendant designed according to each of the contracts of this case and "the housing of this case" B.

Among them, 10 households, 16 households, 16 households, and 12 households were constructed by the Plaintiff New Mine Construction, Plaintiff A, and 12 households.

C. The Defendant performed services under each of the instant contracts, and the Plaintiffs completed the instant housing and received approval for use from the Sungsung City on December 7, 201.

2. Determination on the main claim

A. The gist of the plaintiffs' main claim was to construct the instant housing according to the defendant's design and supervision, and the defendant's design.

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