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(영문) 대구지방법원상주지원 2019.07.25 2018가합5375

손해배상(기)

Text

1. The Defendant’s KRW 97,114,00 for the Plaintiff and the following: 6% per annum from August 17, 2018 to July 25, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a construction project under Article 2(1) of the Local Public Enterprises Act, and around December 15, 2014, the Plaintiff awarded a contract with the Defendant for B urban development project formation works (water supply and drainage systems, used water supply and drainage systems, construction drawings, and waterproof construction works) from December 15, 2014 to March 31, 2017, the contract amount was set at KRW 84,895,00,00.

(hereinafter “instant construction contract”). B.

From January 2016, the Defendant completed the construction of sewage pipes (hereinafter referred to as “the instant sewage pipeline construction”) and completed the construction of wastewater pipes laid underground, refiting, and discharging. However, around June 2016, the Defendant suspended follow-up construction, such as cable conduits, electricity lines, and gas pipes of relevant agencies, including the Korea Electric Power Corporation, and telecommunications stations (hereinafter “related agencies”), for the convenience of the construction of underground facilities (hereinafter “instant subsequent construction”), but completed the construction of the instant sewage pipes on November 2016 after the completion of the construction.

C. On January 2018, the Plaintiff’s completion of an urban development project and preparation for a public facility underwriter was confirmed to have occurred, such as the phenomenon of being treated as sewage pipes throughout the entire construction section of the instant sewage pipe (hereinafter “instant defect”).

On March 2018, the Plaintiff underwent a meeting to verify the cause of the instant defect with the relevant agency, etc., and requested again to the Defendant for repair of the defect. Upon the Defendant’s failure to comply therewith, the Plaintiff concluded a construction contract with the Defendant on the completion schedule of an urban development project and the connection with the existing construction works, and decided to file a claim for reimbursement or damages to the Defendant after completing the defect repair from the defect repair.

E. Accordingly, on April 10, 2018, for the repair of the instant defect, the Plaintiff and the Defendant on April 12, 2018, and on May 21, 2018, for the completion date.