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(영문) 서울중앙지방법원 2015.10.28 2014가합573534
손해배상(기)
Text

1. The Defendant’s KRW 478,163,562 as well as 5% per annum from October 21, 2014 to October 28, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On November 10, 2003, the Seoul Special Metropolitan City Mayor publicly announced on November 10, 2003, designated the Gangdong-gu Seoul Metropolitan Government B as a C urban development zone and approved the development plan in order to develop and improve the underdeveloped village zone and contribute to the stabilization of the living and living conditions of ordinary people by constructing public rental housing units. The defendant is a C urban development zone development project (hereinafter “instant project”).

2) Among the instant project districts, the part supplied for construction of “national housing” as stipulated in Article 2 subparag. 3 of the Housing Act was included in the housing construction site that the Defendant supplied for compensation.

B. Plaintiff’s landscaping construction contract and amendment contract 1) Plaintiff (which was the first trade name corporation, but was changed to the current trade name on January 29, 2009.

) and EAC Construction Co., Ltd. (hereinafter referred to as “EAC Construction”).

On April 10, 2007, the Defendant’s landscaping works in the instant project district (hereinafter “instant construction works”).

(A) The construction cost of KRW 11.629 billion, the construction period from April 16, 2007 to December 31, 2009, and the contract is jointly concluded. The ratio of investment in the contract is 60% and Plaintiff 40% (hereinafter “instant contract”).

2) The instant construction project details, including the creation of buffer green belt, landscape green belt, green belt, and square outside the instant housing complex, landscaping of green parks, children’s parks, general squares, landscaping of neighboring schools, planting construction of landscape and boundary areas of neighboring schools, planting of trees and building of management offices adjacent roads, etc.

3) As a result of the review of the payment status of value-added tax on the national housing construction service project implemented by the Defendant and the improvement measures thereof, the Seoul Special Metropolitan City shall have a scale of national housing (the area used only for the residential purpose) within one project district.

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