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(영문) 광주지방법원 2020.11.20 2019가합58242
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

The plaintiff is a company engaging in real estate development and redevelopment projects, and the defendant is a company engaging in construction business, etc.

The Plaintiff entered into a sales contract with respect to officetels and neighborhood living facilities construction projects (hereinafter “instant project”) on the Jongno-gu Seoul Metropolitan Government and three lots (hereinafter “instant real estate”); on January 23, 2019, the Plaintiff entered into a sales contract with six and six persons outside D and the instant real estate and the purchase price of KRW 20.5 billion (the payment date of KRW 19.5 billion: April 26, 2019), and paid KRW 1 billion for the first down payment and KRW 900 million for the second down payment on February 13, 2019.

On January 28, 2019, the Plaintiff entered into a financial advisory contract with E Co., Ltd. (hereinafter “E”), and entered into a design contract with F architect office on March 2019, and the first D et al. and six others entered into a design contract on February 2018.

On March 15, 2019, the project of this case was prepared, such as entering into a model housing rental contract and a sales agency service contract.

Meanwhile, the Plaintiff decided to undertake the instant project as a management-type land trust project through G Co., Ltd. (hereinafter “G”).

Plaintiff

Around February 11, 2019, H et al., a director, and Defendant Vice-president I et al. discussed only at the Plaintiff’s office about the execution of the instant project at the Plaintiff’s office or on the execution of the instant project. On March 5, 2019, the contract amount was set at KRW 5 million per square, and written a contract for private construction works with the following details:

(hereinafter referred to as the “instant contract” and the contract is referred to as the “instant contract”). The name of the construction project: Jongno-gu Jdong and the site of the construction project for the construction of officetels: Jongno-gu Seoul Metropolitan Government Jongno-gu, K, L, and M: The contract amount of 18 months (16 months of construction / removal 2 months) after the completion of the record: The contract amount of 8,302,90,000 won (excluding additional tax, removal construction cost separately).

6. Contract deposit/deposit: G schedule.

7. Items and quantities of materials to be paid: Special agreement shall govern.

8. Warranty liability.

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