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(영문) 수원지방법원평택지원 2019.02.13 2017가합10406
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

From March 2015 to June 2015, the Defendant entered into a construction contract between the Defendant and R with the content that the construction cost between R shall be KRW 186 million (10,000,000,000 for the first intermediate payment at the time of completion of the foundation, KRW 10,000 for the second intermediate payment at the time of completion of the foundation, KRW 20,000 for the second intermediate payment at the time of completion of the foundation, KRW 20,000 for the third intermediate payment at the time of completion of the foundation, KRW 30,00 for the fourth intermediate payment at the time of completion, KRW 30,00 for the fourth intermediate payment at the time of completion, and KRW 10,00 for the remaining 14,00 for each payment within 14 days after completion of the examination) and KRW 14,00,00 for the first 25,00

(hereinafter collectively referred to as “each of the instant construction contracts”). The Defendant completed all of the instant 14 units of housing around April 2017 at the latest, but the Defendant failed to receive KRW 52,80,000,000 (=130,020,000 won (=186,000,000 won for the said contract x 40%) in total, the intermediate payment and the remainder of the 4th unit of the said 7 units of housing.

The Plaintiffs entered into a contract between the Plaintiffs and R to purchase the above housing units at that time between R and R around that time.

(hereinafter collectively referred to as “each of the instant sales contracts”). After entering into each of the instant sales contracts with the Plaintiffs, the Plaintiffs, such as Telecommunications Counseling, consulted with the Defendant on the specific subjects inside each of the instant wooden houses.

As of the date of the closing of argument in the instant case, the Plaintiffs, who are in possession of the letter of performance assurance, possess a letter of performance assurance of defects in each of the above items of the above items, prepared as of March 2015 through June 2015 under the name of the Defendant, (No. 8-1 through 9, hereinafter referred to as “certificate of performance assurance of each of the instant defect guarantees”).

On April 27, 2017, the Plaintiffs of the pertinent lawsuit and the instant lawsuit filed a lawsuit against the Defendant seeking damages in lieu of defect repair (Seoul Eastern District Court 2017Gahap104048), and the Seoul Eastern District Court transferred the said lawsuit to this court, and the Defendant transferred the said lawsuit to this court.

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