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(영문) 대전지방법원 2021.02.08 2020나101278

손해배상(기)

Text

1. The part of the first instance judgment against the Plaintiff corresponding to the amount ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On November 2017, the Plaintiff entered into a contract with the Defendant, setting the construction cost of KRW 43 million and the construction period from November 3, 2017 to November 30, 2017.

A) The construction cost column of Article 2 of the Agreement (A) states “1. Total 43,00,000 won” in the following table: “1. Total value added (10% of value added)”; and the amount below the last signature shall be paid in accordance with satisfaction after the result.

“.........”

(b) The Defendant’s estimated total amount of KRW 47,915,00 or the total amount of KRW 43,15,000 as follows (no known to have reduced any item). Here, the amount of KRW 43 million less than 100,00 shall be deemed to have been determined as the construction cost for the removal of the total amount of KRW 5,300,860,860,885,000 for the material cost of KRW 2,02,05,000 for the material cost of KRW 1,860,000 for the material cost of KRW 30,000,000 for the material cost of KRW 1,860,00 for the material cost of KRW 30,005,00 for the material cost of KRW 1,860,000 for the material cost of KRW 30,000,50 for the material cost of KRW 60,600,000 for the material cost of KRW 2308,0000

C. On November 7, 2017, the Plaintiff remitted KRW 20 million to the Defendant.

(d)

The Defendant discontinued the instant construction without completion, and around that time, sent the following text messages (A 4) to the Plaintiff.

E. 1) The Plaintiff paid KRW 1 million to E for the additional removal construction cost of the above car page (A. 5) (A. 2). The defects of the Defendant’s main works are the defects.