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(영문) 창원지방법원통영지원 2019.08.22 2018가합11486
손해배상(기)
Text

1. The Defendant’s KRW 103,551,081 to the Plaintiffs and 5% per annum from May 28, 2019 to August 22, 2019, respectively.

Reasons

Basic Facts

E The name of the Defendant Company was changed from the “Stock Company H” to the “Stock Company D” on March 28, 2018.

The auditor, F is the internal director of the defendant company.

On January 3, 2017, Defendant Company filed a lawsuit with the Plaintiffs seeking payment of KRW 450,000,000 for the construction cost of G ground building at the time of Tong Young-gu as Changwon District Court Branch Branching 2017Gahap14

(2) On October 18, 2017 between the plaintiffs, the defendant company, the conciliation intervenor E and F, and the following (hereinafter referred to as “instant conciliation”) were established in the instant land (hereinafter referred to as “instant building”).

The name of the parties to the clause was revised in accordance with this case.

1. (a) As to the instant building, the Defendant Company organized the detailed construction specifications (such as the installation of a water tank roof, the handling of stairs, etc.) agreed upon in the instant conciliation, as well as the installation of a rooftop waterproof, the toilets for the disabled with the second floor, the additional construction on the slope of the first floor, and the detailed construction specifications (such as the installation of a water tank roof and the handling of stairs)

The construction as stated shall be completed and the above building shall be delivered to the plaintiffs by November 30, 2017. If the defendant company delays the completion and delivery of the above construction, the compensation for delay shall be paid to the plaintiff A in the amount of KRW 300,000 per day.

B. The Defendant Company shall deliver to the Plaintiffs a warranty bond as stipulated in the construction-related Acts and subordinate statutes in order to guarantee the repair of defects in relation to the household construction work by December 10, 2017.

C. The Plaintiffs shall cooperate in the preparation of necessary documents at the request of the Defendant Company for convenience facilities for the disabled.

2. On November 30, 2017, the conciliation intervenor E and F cancel the security right established on the instant land and implement the procedures for the transfer registration of ownership to the Plaintiffs by November 30, 2017.

3. A. At the same time, the Plaintiffs jointly carry out the procedures for the delivery of buildings under the above paragraph (1) and the registration of ownership transfer under paragraph (2), and jointly carry out the construction cost of the Defendant Company 1.450 million won.

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