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(영문) 서울고등법원 2013.12.19 2012나47236
손해배상(기)등
Text

1. Based on the Plaintiff’s appeal, the judgment of the first instance court is modified as follows.

The defendant shall make 7,190,006 to the plaintiff.

Reasons

1. The summary of the case is that the Plaintiff purchased the construction site for multi-family housing within the Namyang Housing Site Development Zone B from the Defendant, but it was impossible for the Plaintiff to construct the apartment complex that satisfies the upper limit of floor area ratio and household number at the time of bidding due to the error in the design proposed by the Defendant at the time of bidding, and the time of use of the land purchased by the Plaintiff has been delayed for not less than 10 months since it was delayed for not less than 10 months since it was not corrected promptly, the Defendant, as set forth in the sales contract with the Plaintiff, was obligated to compensate the Defendant for damages equivalent to 9,384,427,166 won (i.e., 6,536,519,00 won (PF loans interest, 6,547,908,166 won) and the total amount of KRW 300,000,360,3616,360,360,3616,360,360,47,460,365, etc.

The judgment of the court of first instance partially accepted the Plaintiff’s claim (the total sum of KRW 1,783,535,716 and the total sum of KRW 3,920,746,710 due to nonperformance of the obligation, and the total sum of KRW 5,704,282,426 and delay damages). The remainder was dismissed, and the Plaintiff and the Defendant appealed against each of the lost parts.

2. The cited portion of the judgment of the court of first instance is based on the “basic facts” of this case and the “agreement.”

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