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(영문) 대구지방법원 김천지원 2018.11.02 2018가합15256

손해배상(기)

Text

1. The Defendant’s KRW 71,727,982 as well as the Plaintiff’s annual rate from February 22, 2018 to November 2, 2018, and the following.

Reasons

1. Basic facts

A. The Plaintiff is a company that has been awarded a contract for the Multi-Purpose D High School Extension Works (hereinafter “instant construction”) with the Office of Education in the Gyeongbuk-do, and the Defendant is the head of the site office of the said construction, who has overall control over the construction work, such as process management, the selection of subcontractors, and the employment of directly-managed copies.

B. On May 16, 2014, the Plaintiff and the Defendant concluded a contract for the performance of responsibility with the head of the field office (hereinafter “instant contract”) with the Defendant’s remuneration for the expenses that the Defendant completed at KRW 1 billion and the site safety management expenses, etc., and carried out the instant construction from May 2014 to February 2015.

Contract for Liability Execution with the On-Site Director

1. Name of the Corporation: The name of the Corporation in charge of the Office of Education in the latitude and longitude: Ulsan C High School Extension Corporation;

2. Responsible performance portion: All of the construction works for extension of a multi-purpose lecture in Ulsan Chigh School and civil engineering works;

4. Construction period: The contract amount of the main office on January 6, 2015, the date of commencement on May 12, 2014, and on January 6, 2015, the liability construction cost of KRW 1,346,370,497: The total construction cost of KRW 1,000,000,000,000,000,000 shall be excluded from the total construction cost of KRW 1,00,00,00

Value-added tax and safety management expenses, imposition tax separate, field safety management expenses, and environmental preservation expenses shall be settled after the execution of the site, and general management expenses: He/she shall be responsible for construction throughout the whole construction after deducting the amount other than the implementation contract amount.

The settlement of the above construction shall be executed within 10 days at the time of the settlement of completion money by the Office of Education after the completion of the construction.

6. Payment of the price;

(b) Endd portion: (2) A company shall pay 100% of the amount of liability to the project owner within 10 days after settlement from the project owner after the completion of the work;

C. On June 18, 2014, from June 18 to December 31, 2014, the Plaintiff paid KRW 253,120,927 to the Defendant as the instant construction cost, and paid KRW 371,580,00 to the subcontractor of the said construction, and the said subcontractor paid KRW 371,580,00 to the said subcontractor.