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(영문) 서울중앙지방법원 2014.06.11 2013가합532321
손해배상(기)
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) KRW 94,410,936 against the Plaintiff (Counterclaim Defendant) and its related amount from August 14, 2013 to June 11, 2014.

Reasons

1. Basic facts

A. Plaintiff A’s wedding hall operation 1) The Plaintiff B newly constructed a 4-story E building on the land of the area of 2,969 square meters in Suwon-si, Suwon-si, Suwon-si, Suwon-si, which he owns, and completed registration of ownership preservation on June 23, 2009 (hereinafter collectively referred to as “instant real estate”).

2) On July 10, 2009, Plaintiff B completed the registration of the establishment of a mortgage on the instant real estate to the Industrial Bank of Korea, a mortgagee of the said land, on the ground that the said building was registered as a joint collateral, and on July 10, 2009, the registration of the establishment of a mortgage on the instant real estate was completed.

As a result, the Industrial Bank of Korea has held four collateral mortgages with the maximum debt amount of KRW 240 million, KRW 84 billion, KRW 372 billion, KRW 360 million, and KRW 360 million with respect to the instant real property.

3) On January 17, 2011, Plaintiff A leased the instant real estate from Plaintiff B with the deposit amount of KRW 500 million, and the period from January 17, 2011 to January 16, 2016, and thereafter, Plaintiff A leased the instant real estate from January 17, 201 to January 16, 201, and thereafter, Plaintiff F, a wedding (hereinafter “instant wedding”).

B. On October 4, 201, the auction procedure of the instant real estate (hereinafter “instant auction procedure”) was commenced around October 4, 201 upon the commencement of the auction of the instant real estate and the Plaintiff A’s application for the voluntary auction of the Industrial Bank of Korea.

2) On November 15, 201, Plaintiff A, the purpose of which is to operate the instant wedding hall, G Co., Ltd. (hereinafter “G”).

c. On June 19, 2012, Plaintiff A entered into a contract on behalf of G to contract the instant wedding building (hereinafter “instant contract”) with the Defendant on behalf of the Defendant for the construction of the first and second floors of the instant wedding building (hereinafter “instant construction”). The main contents of the contract are as follows.

(see Evidence A 1-1). The instant case

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