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(영문) 서울중앙지방법원 2016.08.30 2015가합551685
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is the Plaintiff’s position as the parties concerned. The Plaintiff’s 1,188.9m2 (hereinafter “E land”) in Suwon-si.

(F) and F large 1,150.3 square meters (hereinafter referred to as “F”) and the land in this case is combined with E;

) At the 4th underground floor, 20th ground-based officetels and 2 units of neighborhood living facilities (101 units constructed on the E’s land consisting of 65 households and 4 commercial buildings, and 102 units constructed on the F’s land consisting of 61 households and 4 commercial buildings, respectively.

The building of this case is referred to as the "building of this case", and the officetel part of the building of this case is referred to as the "office of this case", and the "commercial building of this case".

2) The business of newly constructing and selling a new project (hereinafter referred to as “instant project”).

Defendant D Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd”).

(2) Defendant B, from June 2005 to April 19, 2010, performed overall control over the Plaintiff’s duties while working as the representative director.

3) From August 2005, Defendant C served as the Vice Head of the Housing Two Team of the Defendant Company, and was in charge of the conclusion of the construction contract of the Plaintiff and the Defendant Company related to the instant project and the management of sales revenue. (B) On September 28, 2005, the Defendant Company entered into the instant construction contract with the Plaintiff for the construction cost of KRW 43,662,30,000 (i.e., value of KRW 39,693,000 (value of KRW 39,693,000,000) (hereinafter “instant construction contract”).

) After that, the instant building was completed (101 Dong, March 19, 2008, and 102 Dong, May 17, 2008).

A) The main contents of the instant construction contract are as follows: The contract amount of 31,575.67 square meters (9,551.04 square meters) for officetels and two neighborhood living facilities: 43,662,30,000 won: Value-Added Tax of 39,693,000,000 won: 3,969,30,000 won: 8,000 won-added Tax of 3,969,30,000 won; 10.

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