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(영문) 수원지방법원 2015.09.10 2014가단523844

손해배상(기)

Text

1. The Defendant’s KRW 24,879,265 as well as 5% per annum from August 28, 2014 to September 10, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On July 26, 2012, the Plaintiff entered into a subcontract with the Defendant (D) and the part of the structural construction of the said construction (hereinafter “instant construction”) with respect to the construction of a pelvis factory in Seo-gu, Seoan-gu, Seocheon-gu, Seocheon-si, Inc. for the construction of a pelvis factory (hereinafter “instant subcontract”). From July 6, 2012 to September 10, 2012, the Plaintiff entered into the said subcontract (hereinafter “instant subcontract”).

B. The Plaintiff paid the Defendant KRW 30 million on July 27, 2012, and KRW 20 million on September 11, 2012, as the instant construction cost.

C. On September 14, 2012, the Defendant issued to the head of the instant construction site E a schedule for the remainder of the structural construction project as shown in the attached Table.

On September 25, 2012, the Plaintiff and the Defendant drafted an implementation agreement (hereinafter “instant implementation agreement”) with the following content attached to the remaining schedule of construction works:

The completion of construction shall be completed in accordance with the construction schedule, such as attached documents. The remaining term of 24,725,000 won out of the total contract amount shall be paid upon the defendant's prior request (45 days in bills). The defendant shall complete the construction completion, removal of materials from the site, cleaning, etc. by October 20, 2012 according to the agreed construction schedule, according to the agreed construction schedule. Bills issued at the time of non-construction on October 17, 2012 shall be treated as diversity. When the defendant fails to complete the construction work within the agreed construction period, he/she shall fulfill his/her responsibility for the conditions specified in the contract, and shall bear his/her civil and criminal responsibility."

E. On September 27, 2012, the Plaintiff issued and delivered an electronic bill with a face value of KRW 24,725,00, and maturity of November 2, 2012 to the Defendant. The said bill was settled on November 2, 2012.

F. Meanwhile, the Defendant did not perform the construction after the completion of the instant implementation agreement, and the Plaintiff spent KRW 20,352,490 to complete the part that the Defendant did not perform during the instant construction.

[Ground of recognition] Unsatisfy, A1 to 28 evidence number.