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(영문) 서울중앙지방법원 2016.10.05 2014가합577338
손해배상(기)
Text

1. The Defendant amounting to KRW 75,484,642 to the Plaintiff and KRW 5% per annum from November 13, 2014 to October 5, 2016.

Reasons

1. Facts of recognition;

A. On July 29, 2007, the Plaintiff entered into a contract with the Defendant and the Defendant for the construction of a new building (hereinafter “instant building”) such as four units of apartment buildings, four units of officetels, and one unit of officetels, Jung-gu, Incheon (hereinafter “instant building”) (hereinafter “instant contract”). The main contents of the instant contract are as follows.

Article 12 (Payment of Contract Price for Construction Works) (1) Payment of contract price for construction works shall be made by withdrawing funds from the account for sales revenue of the project in accordance with the following distribution ratio:

(B) Article 15 (Disposal, etc. of Unregistered Apartments and Officetels) (2) If the contract amount of the construction contract of the defendant is not fully paid within two months from the date of designation of occupancy after approval for use (including approval for use) is obtained, the unpaid contract amount shall be settled in lots with unsold apartments and officetels after consultation with the plaintiff and the defendant, and the settlement amount shall be calculated as the final sale price, and the designation of the same subparagraph shall be determined in consultation with the plaintiff.

B. Although the instant building was completed on September 28, 201, upon entering into a settlement agreement under Article 12 of the Building Act, the sale would not be smooth. The Plaintiff and the Defendant concluded an agreement on a plan to promote sale on September 15, 2009, and concluded an agreement on a plan to repay debts to financial institutions arising from the instant new construction work on September 26, 201 and January 18, 2012, and concluded an additional agreement on the method to repay debts and the settlement of unpaid construction payments with respect to the instant building. (3) Even thereafter, a large number of buyers are likely to be at issue because they did not repay part payments to financial institutions in relation to the instant building, and thus, the obligation to guarantee the sales contract was cancelled with buyers on August 14, 2012, and the said part was provided as a security for sale, and the payment was made by subrogation at a financial institution.

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