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(영문) 인천지방법원 2017.05.16 2016가합3290
손해배상(기)
Text

1. As to the Plaintiff KRW 239,360,00 and KRW 217,600,00 among them, the Defendant shall pay to the Plaintiff KRW 239,360,000 from November 27, 2009 to November 10, 2016.

Reasons

1. Basic facts

A. The Defendant is a corporation registered on July 30, 2003 for the purpose of removing existing houses within Incheon Gyeyang-gu and D ground B complex and constructing a new apartment and commercial building of the size of the second and fifteen stories above ground (hereinafter “instant building”).

B. On March 21, 2006, the Defendant entered into an implementation execution contract for the reconstruction project (hereinafter “instant implementation execution execution contract”) and the Guro Comprehensive Construction Co., Ltd. (hereinafter “Roin Comprehensive Construction”). The main contents are as follows.

[Article 1] (Qualification and Title)

3. The defendant shall provide the business site for the project, and shall take charge of the execution of the construction of the building facility by leasing the moving expenses, etc., and by inserting the necessary expenses for the implementation of the project.

4. The comprehensive construction of waterways shall revert to all buildings excluding shares of partnership after the execution of the construction works.

Article 2 (Scope of Contract Amount for Construction Work) The contract amount of the defendant shall be the sum of the additional charges for each member and the general sale price for apartments under Article 29.

【Obligation of the Defendant】

5. When sale in lots has been effected by the master construction of logs, the Defendant shall attach the name of the partnership to the construction company the seal of the partnership and pay to the construction company the term ingredients equivalent to 70% of the term ingredients 100% of the term ingredients invested and constructed by the master construction of logs when sale in lots is low.

(except for the shares of partnership). (c)

On April 13, 2007, the Defendant held a board of directors on April 13, 2007, and made a resolution to the effect that the comprehensive construction of the street is divided into the ownership of shares between the association members and the city construction, the total share in the second floor project, and the apartment house 32 square meters and 20 households are paid as the second construction work amount, and the right body for sale is delegated.

On May 2006, the Plaintiff entered into a subcontract on the ground of KRW 1,036,00,000 for the construction cost of the mold construction among the construction of the instant building and the new construction of the instant building, and started construction around February 2008.

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