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(영문) 광주고등법원(전주) 2020.06.11 2018나11447
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. On August 1, 2015, the Plaintiff asserted that the construction contract was concluded between the Defendant and the Defendant to newly construct a fraternity on the land owned by the Plaintiff, Jeonsung-gun, Jeonsung-gun (hereinafter “instant construction contract”).

The construction period under the instant construction contract was set from August 1, 2015 to December 31, 2015.

Nevertheless, the defendant did not complete the construction within the above period and did not complete the construction work after July 2016.

Meanwhile, on November 11, 2015, the Plaintiff entered into a contract with D (hereinafter “D”) for the supply of crypat breeding (hereinafter “instant contract for the supply of cryp breeding breeding”), under which cryp breeding and supply immediately after completion of the construction work for the instant construction contract, but the Defendant’s delay in construction was unable to supply cryp.

Therefore, the Defendant is obligated to pay KRW 100,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00

2. Determination

A. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 2 as to the facts of recognition, the instant construction contract was concluded between the Plaintiff’s representative director and the Defendant on August 1, 2015 under his/her personal name, and the Plaintiff and F under the instant construction contract jointly and severally guaranteed the Defendant’s obligation under the instant construction contract, the Defendant was unable to complete the construction work under the instant construction contract within the said period, and the present construction was suspended, and the fact that the supply contract for breeding the cattle was made between the Plaintiff and D as of November 11, 2015 is recognized.

B. On the Plaintiff’s claim against the party to the instant construction contract, the Defendant is the party to the instant construction contract, as E.

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