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(영문) 대구지방법원 2018.05.03 2016가단117619

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 23,807,987 to the Plaintiff (Counterclaim Defendant) and the amount from August 2, 2016 to May 3, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company running physical training facilities, sports facilities, amusement parks, and theme park operation business.

B. On April 16, 2015, the Plaintiff awarded a contract to the Defendant for the construction of the structure at around Ai Triart (the zip-line refers to the mobile means or lebs that install strong strings between both convenience props and moves strings connected to passengers at a rapid speed opposite to those of passengers; hereinafter “instant construction”). The contract amount was set at KRW 82 million, including value-added tax, and the commencement date of construction work was set at KRW 82 million, including the commencement of construction work, and the completion date of completion of construction work was set at May 30, 2015.

C. The content of the instant construction that the Defendant received was to install structures, such as the foundation and columns, among the facilities for examining three of the AOS, BOS, and COS, which are installed on the ground of the COS, on the ground of the BOS, and the racing (see, e.g., the drawings of evidence No. 2), and the construction was to be in charge of technical research of the German “B” company.

[Ground] Facts without dispute, Gap 1 and 2 evidence, the purport of the whole pleadings

2. The assertion and judgment as to the principal lawsuit

A. The gist of the Plaintiff’s assertion (1) The Defendant’s side erred in damaging the floor water stone while performing the instant construction, and the defect repair cost amounted to KRW 163,834.

② While performing the instant construction, the Defendant omitted the process of connecting the lightning erosion installed in the starting pole of the 201st century.

In addition, as the volume of construction work originally planned in the construction process of the instant case decreases, the Defendant’s side did not implement the construction work of the AOS entrance and buffer machine, the examination of the construction work of the instant case, as compensation.

Expenses for repairing defects for the above connection and the AOS entrance and the installation of a buffer machine shall be 1,155.