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(영문) 창원지방법원 2017.02.16 2014나33745
손해배상(기)
Text

1. Items 1 and 2 of the judgment of the court of first instance, including the plaintiff's claim expanded at the trial court, are as follows.

Reasons

The summary of the factual basis case, which is premised on the summary of the case, is the case where: (a) the Plaintiff contracted the construction of a screen golf club to Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”); (b) in the process, the Defendants committed joint tort, such as acquisition of construction cost, embezzlement of construction cost, obstruction of construction work, obstruction of business, damage to property, waste speculation, and breach of duties as director and auditor; and (c) the Plaintiff sought compensation for damages by asserting that the Plaintiff sustained damages; and (b) the Defendants, an executive officer, employee, or subcontractor, who were the Defendant Co., Ltd., and its employees or subcontractors, have ceased the construction and have escaped,

The first instance court accepted the plaintiff's claim for damages due to the plaintiff's default on the defendant company, and partly accepted the claim for damages for delay. The plaintiff's remaining claims against the defendant company and all other claims against the defendants except the defendant company were dismissed.

On this issue, only the plaintiff appealed.

In this court, the Plaintiff extended the claim amount by asserting that additional construction costs, operating losses, management expenses at construction site, penalty for breach of a contract for the purchase of golf machinery, recording recording cost, medical expenses, etc. were additionally incurred to the Plaintiff due to the Defendants’ joint tort or nonperformance.

The factual basis of the premise, the conclusion and progress of the instant construction contract, and the Plaintiff, around June 24, 2010, contracted the Defendant Company with screen golf course installation work for the first floor 2-1 and 2-2 (hereinafter “instant building”) under the ground surface 1 of Changwon-si, Changwon-si (hereinafter “instant construction work”) (hereinafter “instant construction contract”) and the construction cost of the instant construction work as the construction cost of the instant case.

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