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(영문) 인천지방법원부천지원 2017.12.22 2016가합103193
손해배상(기)
Text

1. The defendant's each of the plaintiffs 34,741,935 won and 25,000,000 won among them, from October 31, 2013, and 9,741.

Reasons

1. Basic facts

A. 1) The Plaintiffs entered into a contract for construction works between the Plaintiffs and the Defendant on January 8, 2013 for the purpose of operating the Medical Care Center (hereinafter “each of the instant lands”) and the land D and E owned by the Defendant on January 8, 2013.

(A) purchase of a dormitory building on the ground and one billion won, and construction of a home care center building on each of the above land to the Defendant (construction of a home care center building on each of the above land was conducted by extending the dormitory building on each of the above land of this case.

2) The construction project (hereinafter referred to as “instant construction project”)

(2) The Plaintiffs and the Defendant did not separately prepare a written contract on the instant construction project, and set the construction cost of approximately KRW 3.5 million per square meter. The total construction cost is approximately KRW 1.79 billion per square meter based on the total floor area of the building site for the medical care center that was permitted to construct.

On the other hand, the plaintiffs should appropriate the money borrowed from financial institutions, but the insufficient amount should be paid separately by the plaintiffs.

B. On January 9, 2013, the Defendant completed the registration of ownership transfer of each of the instant land and a dormitory building with respect to the smooth promotion of the instant construction project. On January 9, 2013, the Defendant still left the shares of 5/100 among them, and reported the Plaintiffs and the Defendant as joint owners of the instant construction project in form. Thereafter, the Defendant filed a report on the Plaintiffs and the Defendant as joint owners of the instant construction project.

(2) On March 2013, the Plaintiffs paid KRW 310 million to the Defendant as the construction cost, and thereafter, borrowed KRW 1.4 billion from financial institutions on March 29, 2013 as security each of the instant lands, etc., and thereafter, thereafter, the Plaintiffs paid part of the said loans as the construction cost at the Defendant’s request.

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