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1. All appeals filed by the plaintiff and the defendant are dismissed.
2. Preliminary claim filed by the Plaintiff in this Court for the first time.
Reasons
1. Basic facts
A. On July 13, 2016, the Plaintiff was a comprehensive construction company that performs construction works, civil engineering works, technical services, etc., and B obtained a construction permit regarding the ground convalescent hospital (hereinafter “instant convalescent hospital”) on the ground from the Kimhae-si, Kimhae-si, Kimhae-si, (hereinafter “Seoul-do convalescent hospital”).
B. B died on October 7, 2018 while the instant case was pending.
(hereinafter “the deceased”). The deceased’s spouse M, children N, andO, the inheritor of the deceased, reported the renunciation of inheritance on December 21, 2018 by the Changwon District Court Decision 2018Ra1326, and received each repair judgment on January 14, 2019.
As a result, the Defendant, as his father, assumed over the status of the deceased’s lawsuit in this case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-1-3, fact-finding results in the court of first instance, the whole purport of arguments
2. The Defendant, who inherited the deceased’s debts following the Plaintiff’s assertion, is obligated to pay the Plaintiff the money stated in the claim.
As the deceased in a claim for compensation for damages arising from a tort (main claim) and the deceased were to conclude a contract for new construction works of the convalescent hospital of this case with the Plaintiff, the deceased was urged to the Plaintiff at the negotiation stage, or gave the Plaintiff a legitimate expectation or trust that the said contract will be concluded in a clear manner. As such, the Plaintiff is liable to compensate the Plaintiff for damages due to the tort, since it falls under the deception of the deceased or provided services in expectation of the conclusion of the
B. Even if the liability for damages arising from the claim(the preliminary claim) under the compensation agreement is not recognized, the deceased agreed between the Plaintiff and the deceased to pay the expenses incurred by the Plaintiff for the construction work of the instant convalescent hospital to the Plaintiff.