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(영문) 서울중앙지방법원 2014.05.28 2012가합45233

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 8, 2010, the Plaintiff concluded a contract with the Defendant and C (hereinafter “Nonindicted Company”) as a joint contractor, setting the construction cost of KRW 1,100,00,000 for the construction cost of the 15th floor, the 15th floor, the 1st floor, and the 2nd floor E-building (hereinafter “instant building” and “instant construction”) located on one parcel, including D, Jung-gu, Seoul, as the joint contractor, with the rate of liquidated damages from October 8, 201 to January 15, 201, and the 3/1,000 for the construction period.

(hereinafter “instant contract”). The main contents of the instant contract are as follows.

The construction contract shall be entered into between the representative A and F architect B of building, and the representative G in the dispute resolution committee, as follows:

Article 1(1) 1) Design 2) 3) Rool Change Work 4) Rool 2) Rool 2) Rool 5) Rool Rool 6) Rool Rool 1st floor Rool 1) 1) 1 1 1 2 1 2 2 2 1 2: 40,000 20,000 3) 2 2 3: 200,000 10% 10% 2: 40,000,000 2: 40,000,000 2 after completion of the 10% 10% 2 10% 10 2 10% 2 3. 10,000,000 2 3) 2 3. The 10 (the construction work is completed and the 3 years 3 years after completion of the construction work.

B. On October 11, 2010, the Plaintiff paid the Defendant and the Nonparty Company KRW 286,350,000 as the instant construction cost, plus KRW 505,885,00,00,00 for the first payment as of January 27, 201 and for the first payment as of January 27, 201.

C. As otherwise stipulated in the instant contract by content-certified mail on May 17, 2011, the Plaintiff violated the instant contract, such as performing the instant construction work by using a low level level of outer panel and windows on the outer wall of the instant building, unlike those stipulated in the instant contract, and thus, the construction works for the reconstruction and remainder of the outer panel by May 31, 201.