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(영문) 전주지방법원 2014.08.27 2012가합4687

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 23,679,720 to the Plaintiff (Counterclaim Defendant) and its related amount from April 27, 2012 to August 27, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On June 3, 2011, the Plaintiff issued a public announcement of the Plaintiff’s participation in the construction of the Plaintiff’s stone reclamation site (hereinafter “instant construction”) located in Hasan-Eup Nam-si, Hasan-si (hereinafter “the instant construction”) by offsetting the cost of civil construction and the cost of the soil price as an enterprise capable of self-measures, which offsets the cost of the construction of civil works and gives rise to the Plaintiff’s prior payment.

B. On June 201, the Plaintiff, at the time of holding a tender explanation meeting against the tender participants, distributed the guide and design drawings and design drawings related to the tender, the ground investigation report on the instant construction project (hereinafter “ground investigation report of this case”), and the ground investigation samples for the instant construction project on May 201, prepared by the Engineering Co., Ltd. (hereinafter “the instant ground investigation report”). Among them, the ground investigation report of this case, the horizontal layer distribution of the instant construction project is distributed to the upper part of the soil contamination level and the lower part of the soil contamination level, which are composed of 1.5m or 3.2m thick in the upper part of the construction site of this case. The lower part of the instant construction site of this case shows that the stop and stop-soil, which are distributed in a thickness of about 1.5m or 3.2m with the upper part of the lower part of the construction site of this case, are distributed to the lower part of the construction site of this case, and the lower part of the groundwater distribution by the lower part of the ground water level of 28m or 4m.

C. On September 7, 2011, the Plaintiff: (a) the construction period of the instant construction works from September 15, 201 to March 3, 2012; (b) the construction cost is KRW 442,20,000 (including value-added tax); (c) the contract deposit is KRW 66,330,000; (d) the contract deposit is at the rate of KRW 1/1000 per day; and (c) the compensation rate for delay is set at the rate of KRW 442,20,000 (including value-added tax); and (d) deducts the construction cost of KRW 354,20,000 (including value-added tax) from the price of soil sale at the rate of KRW 88,00.