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(영문) 전주지방법원 2016.02.17 2013가합7287

손해배상(기) 등

Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 269,518,351 as well as to the Plaintiff from July 9, 2015 to February 17, 2016.

Reasons

1. Basic facts

A. On March 8, 2012, the Plaintiff was established for the purpose of real estate leasing business, health business, etc., and entered into a contract with Defendant B Co., Ltd. (hereinafter “C”), under which the construction work for the construction of the E Hospital building located in YY-gu Seoul Special Metropolitan City (hereinafter “instant construction work”), KRW 6,03,00,000 (including value-added tax) for the construction work period, from March 26, 2012 to December 31, 2012, with a fixed rate of KRW 1/100 per day for delay penalty, and thereafter extended the construction period to February 28, 2013.

B. C subcontracted the title, glass, and metal construction (hereinafter “original title, etc.”) among the instant construction works to the Defendant Changho Co., Ltd. (hereinafter “Defendant Changho”) in the cost of construction KRW 495,00,000.

C. On March 27, 2013, the Plaintiff agreed with C as follows:

The plaintiff shall pay C the remaining construction cost of KRW 216,00,000 for the newly established hospital at the same time as loans are received from the bank after establishing a subsequent collateral for the building after completion.

After the completion of a building, C shall provide the Plaintiff with defective performance securities or cash and as-built drawings.

C receives the certificate of fire-fighting for the newly established hospital from March 28, 2013 to the relevant agency by March 28, 2013, and provides all the certificate of fire-fighting and the certificate of communications and other documents necessary for completion to the F architect office by March 29, 2013. If the above matter is not fulfilled, the agreement is null and void, and C will compensate the Plaintiff for KRW 200,000.

When the creative support for the defendant, who is a subcontractor of C, raises a problem against the plaintiff, the plaintiff and C will be able to cope with the issue of gender.

The remaining construction works and remaining descendants of the hospital construction works, the interior works (including children), and the construction after completion (the second floor brushes, the 7-8 roof and windows, the bathing work, the family delivery room, etc.) shall be the representative director of C. G.