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(영문) 대구지방법원 2016.01.15 2014가합6408
손해배상(기)
Text

1. Defendant B and C jointly share KRW 25,00,000 to the Plaintiff, as well as the year from October 29, 2015 to January 15, 2016.

Reasons

1. Basic facts

A. On September 26, 2012, the Plaintiff entered into a contract with Defendant C on September 26, 2012 for construction of multi-household housing (hereinafter “multi-household housing”) on the land outside Daegu Dong-gu, Daegu-gu and three lots (hereinafter “instant land”). On September 26, 2012, the Plaintiff entered into a contract for construction of KRW 400,000,000 as construction cost in order to newly construct multi-household housing (hereinafter “multi-household housing”). In this case, the Defendant C entered into the said contract under the name of Sung Total Construction Co., Ltd. (hereinafter “ Sung Construction”).

On the same day, the Plaintiff remitted the down payment of KRW 25,00,000 to the Daegu Bank Account under the name of Defendant C’s father E.

B. At the time of conclusion of the contract for removal and payment of civil construction costs, the Plaintiff transferred the total of KRW 50,000,000 to Defendant B account from August 28, 2012 to November 30, 2012.

Since then, Defendant B completed removal and civil engineering works.

C. On January 25, 2013, the contract for construction works was concluded and the progress of the contract for construction works is delayed. The Plaintiff and Defendant B, on January 25, 2013, shall be the instant construction of multi-household housing (hereinafter “instant construction”).

(C) A contract for construction works (hereinafter referred to as “instant contract”) to be entered into with respect to a new contract and to be entered into between February 1, 2013 and August 30, 2013 (hereinafter referred to as “instant contract”).

(2) The contractor’s name was the name of the contractor, but the Defendant Red Construction Co., Ltd. (hereinafter “Defendant Red Construction”).

) Accordingly, Defendant Hong Construction lent its name to Defendant Hong Construction, and Defendant Hong Construction concluded the said contract under the name of Defendant Hong Construction. (2) The Plaintiff, pursuant to the said contract, transferred the total amount of KRW 401,00,000,000 including value-added tax, from February 7, 2013 to June 18, 2013, pursuant to the said contract, to Defendant Hong Construction Account, who lent its name to Defendant Hong Construction Account, etc.

3. The Plaintiff and Defendant B, who entered into an agreement to refund the construction cost.

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