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(영문) 울산지방법원 2021.01.14 2018가합20589
손해배상(기)
Text

Defendant (Counterclaim Plaintiff) shall pay 55,173,128 won to the Plaintiff (Counterclaim Defendant) and its related thereto from February 13, 2018 to January 14, 2021.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiffs are co-owners who jointly own 1/6 shares in Plaintiff A, B, and C, and 1/3 shares in each of the instant land, respectively, and 1/6 shares in both Plaintiff A, B, and D.

B. On June 21, 2016, the Plaintiffs obtained a construction permit for the construction of the first floor and the second class neighborhood living facilities with a total floor area of 327.9 square meters on the instant land from the head of Yangsan-si business trip, and completed civil engineering works for the construction of the said building on or around October 2016, by entering into a contract with the I operating company under the trade name of H, and entered into a contract with the I operating company.

(c)

According to I’s proposal, the Plaintiffs agreed to revise the construction plan to newly construct the second floor building from the existing construction of the first floor to the new construction of the second floor building, and to repair the second floor to the J Co., Ltd. (hereinafter “J”) which is an existing designer, and to request the second floor to make an alteration design to the office. The J completed the alteration design with the floor on December 19, 2016, the total floor area of which is 725.4 square meters (hereinafter “the instant alteration drawings”), and upon delegation from the Plaintiffs, filed an application for permission for the alteration of the construction at the branch office in Yangsan-si ray.

(d)

On December 19, 2016, the Plaintiffs entered into a contract with the Defendant for the construction of a new living facility located on the ground of the instant land (hereinafter “the instant construction project,” hereinafter referred to as “the instant construction project”) with the construction cost of KRW 230,00,000 ( separate value added tax) and the construction period from December 20, 2016 to March 20, 2017, with the construction cost fixed each contract between the Defendant and the construction company holding a comprehensive construction license as above. The construction title column of the said contract was printed as “K East-dong Living Facility Construction Project (a contract for 220 square meters to be permitted)” and additionally written as “the total floor area (725,44 square meters).”

The plaintiffs are above on December 20, 2016.

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