logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2020.12.18 2020나20334
손해배상(기)
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Plaintiff is a company that was established for the purpose of the Housing Construction and Sales Business, etc. and was engaged in the business of constructing an apartment (hereinafter “instant apartment”).

B. On November 24, 2014, the Plaintiff obtained the approval of the housing construction project plan for the instant apartment, and entered into a contract on November 26, 2014 with the Defendant to contract the construction of the instant apartment (hereinafter “instant contract”).

The main contents of the instant contract and the terms and conditions attached to the said contract (hereinafter “instant contract terms”) are as follows.

Construction Contract

1. Outline of the construction work;

(a) Name of the construction work: Newly constructed work in old and old D;

(b) Location: Many parcels other than Gu/Si roads;

(c) Period: 23 months from the commencement date;

(d) Scale of construction: Two apartment buildings of 140 units with the aggregate of 140 units, above the 1st basement level or above the 13th floor level;

2. Contract amount: 16,582,843,250 won;

3. Advance payment: A person shall pay advance payment of 30% of the down payment to B in consultation with the Plaintiff and the Defendant.

4. Details of contract;

(a) “A” and “B” are to fulfill this contract and its terms and conditions in good faith and sincerity;

(c) Detailed matters shall be governed by the terms and conditions of the attachment.

§ 1 (General Provisions)

2. A is a contractor who is the contractor, and B shall have the responsibility and duty as the contractor who is the contractor.

Article 2 (Method of Execution and Costs Sharing of Construction Works)

2. The scope of the supply and demand of construction work in B shall be as follows and shall be treated at the expense in B:

7. Guarantee for payment not later than the repayment of debts for land costs and project costs loans of Party A

3.The following shall not be included in the scope of the supply and demand of the Corporation in Section B, which shall be dealt with by Section A as its responsibilities and costs:

1) The business of securing project sites and securing ownership (such as removal of obstacles and waste disposal, etc. in the project site) shall be possible.

arrow