손해배상(기)
1. Of the part concerning the main lawsuit in the judgment of the court of first instance, the following payment shall be made to the Defendant (Counterclaim Plaintiff) and the Defendants.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. Defendant C Co., Ltd. (hereinafter “Defendant C”) is a corporation established for the purpose of design, construction, and supervision of interior design, construction, and supervision. Defendant C was practically operating Defendant C and was appointed as the representative director of Defendant C on August 29, 2014. Defendant D, as the punishment of Defendant C, was employed as the representative director of Defendant C, and retired on August 29, 2014.
B. On March 21, 2013, the Plaintiff entered into a contract with Defendant C and B for construction work (hereinafter referred to as “instant construction contract”) with the content that the Plaintiff newly built 8 L/C lending 1,320,000,000 construction cost (including value-added tax) between the Plaintiff and Defendant C and installed household appliances, such as air conditioners, air conditioners, air conditioners, and washing machines (hereinafter referred to as “instant construction work”). From March 22, 2013 to October 5, 2013, setting the construction period as 3/1,000 of the construction cost per day (hereinafter referred to as “instant construction contract”).
The standard contract for construction works(A No. 1-1) prepared at the time is written by Defendant C and B as the contractor, and the following special terms and conditions are attached to the separate special terms and conditions in addition to Article 34 as the special terms and conditions in the main text of the contract:
Article 34 (Matters under Special Agreement) Other matters not provided for in this contract may be determined by a separate special agreement between the owner and the contractor.
- In principle, the completion of a building (including functions, non-functionals, structures).
- Even if the drawing has been omitted, it shall follow the instructions of the supervisor.
Even if the drawing is omitted, construction works shall be carried out without increasing or decreasing the construction cost.
Provided, That if the owner requests a change of important design, it shall be carried out at the owner's expense.
- The amount of construction works shall be paid after the supervisor confirms the process.
- Installation pipes, such as building walls, outdoor gardens, and main pipes, shall follow the instructions of the supervisor.
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